TRADEMARK | EU General Court on the Chiquita Brands’ blue and yellow oval

On 13 November 2024, the EU General Court (the “GC”) issued its decision in case T-426/23, confirming the EUIPO’s refusal to register the ‘Chiquita Brands’ figurative trademark depicting a blue and yellow oval in respect of fresh fruits, including bananas. Notably, the Court argued that neither the shape nor the blue and yellow colour scheme of the trademark confers distinctive character to it. In fact, on the one hand, its shape corresponds to a simple geometric figure (i.e., a variation of an oval) commonly used in the sector of bananas, with no easily and instantly memorable characteristics; on the other hand, the colour scheme is just a combination of primary colours common in the fresh fruits business. Moreover, the Court found that the applicant failed to demonstrate that its ‘Chiquita Brands’ trademark acquired distinctive character through use that would enable the commercial origin of the goods in question to be identified. Indeed, the evidence filed by the applicant suggests that the applied-for trademark has not been extensively used. Notably, the applicant has used a different sign, where the applied-for trademark has been always accompanied by additional figurative or word distinctive elements, as for instance the word “Chiquita”.

Newsletter n. 102 – December 2024