TRADEMARK | The EUIPO Board of Appeal on Mercedes-Benz’s radiator grille design

On 30 April 2025, the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) upheld Mercedes-Benz’s appeal in case R 2316/2024-1, allowing the registration of a figurative mark depicting a stylized radiator grille. The application had been refused by the EUIPO examiner due to lack of distinctiveness under Article 7(1)(b) of EUTMR. The examiner considered the design to be a common representation of radiator grilles in the automotive sector. However, the Board disagreed, noting that the relevant public — comprising professionals and vehicle enthusiasts — pays a high degree of attention and is accustomed to recognizing brand origin through design elements. The Board found that the combination of features in the design, including a unique star-patterned mesh (known as the “diamond grille”), a central circular element and a tapering bar, created a distinctive overall impression. This combination was deemed sufficient to indicate the commercial origin of the goods, thereby meeting the distinctiveness requirement. The decision highlights that, in sectors like automotive, specific design elements can serve as indicators of origin, even in the absence of word elements or logos.

Newsletter n. 107 – May 2025