INDUSTRIES, FASHION | Geometric signs on footwear can be registered as trademarks

Newsletter n. 91 – December 2023

INDUSTRIES 

FASHION

Geometric signs on footwear can be registered as trademarks

On 9 October 2023, the Board of Appeal of EUIPO (BoA) issued its judgment in case R1291/2023-2 and overturned the initial refusal to register a position trademark for footwear, finding that the latter has distinctive character. The BoA held that the combination of geometric elements gives the sign a sufficient degree of complexity which allows it to be perceived as an independent distinctive element and not as a functional element, thus performing its function as an indicator of commercial origin. Moreover, the average consumer is accustomed to the fact that the manufacturer’s sign is often placed on the outside of the product and, in principle, can be guided by such sign when purchasing footwear. The BoA therefore concluded that the combination of the trademark’s characteristic elements and the familiarity of the relevant public with this type of product, allow the consumers to perceive the trademark not as a mere decorative, ornamental or functional element, but as an indication of origin.