TRADEMARK | The General Court on the distinctiveness of a three-dimensional trademark

On 26 June 2024, the EU General Court (“GC”) handed down its decision in Case T-260/23 (Volvo Personvagnar AB v EUIPO) concerning the registrability of a three-dimensional trademark filed by the car company Volvo for LED headlights (the “Trademark”). The GC found that the Trademark, depicting a clear and geometric shape with a horizontal line resembling a “Y”, was sufficiently distinct from other LED headlights commonly used in the automotive industry in accordance with Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trademark. The GC has clarified that any three-dimensional sign which incorporates distinctive features providing it with the minimum degree of distinctiveness required by trademark law and enabling it to be perceived by the relevant public as an indication of origin can be registered as a trademark.

Newsletter n. 98 – July 2024