TRADEMARK | The GC rejects trademark registration for Mercedes’ Off-Road Vehicle Sketch

On 19 March 2025, the General Court (GC) issued its judgment in case T-4000/24 (Mercedes-Benz Group v EUIPO) dismissing the appeal brought by Mercedes-Benz in an attempt to register a hand-drawn sketch of an off-road vehicle as a figurative mark. The Court found that the sign lacked distinctiveness under Article 7(1)(b) of Regulation (EU) 2017/1001 (EUTMR). Indeed, the GC noted that, according to settled case-law, the minimum degree of distinctiveness should not be assessed based on the creativity or originality of the sign — criteria that are relevant to copyright — but rather in relation to the goods or services concerned and the perception of the relevant public. As to the first criterion, the Court found that the sketch merely depicted a generic off-road vehicle, lacking any element capable of indicating commercial origin or linking it specifically to Mercedes-Benz. The sketch was thus found to lack distinctiveness. The Court then examined the perception of the relevant public, which was deemed to consist of consumers displaying a high level of attention, given the technical nature and significant cost of the goods at issue. From their perspective, the GC found that the sketch would be understood merely as a visual representation of a type of vehicle with off-road capabilities, rather than as an indication of origin. Based on the above considerations, the GC found that the sketch was not registrable as a trademark.

Newsletter n. 107 – May 2025