EU Court Rejects 'I Love' Trademark Bid, Citing Lack Of Distinctiveness

EU Court Rejects 'I Love' Trademark Bid, Citing Lack Of Distinctiveness

Introduction

The European General Court has ruled against a German company sprd.netrd.net in its bid to trademark the "I love" sign, featuring a heart symbol, for clothing items such as t-shirts, sweatshirts, and pullovers. The court upheld the European Union Intellectual Property Office's (EUIPO) rejection of the trademark applications.

Factual Background

sprd.netrd.net sought to register the "I love" sign, featuring a red heart, in specific positions on garments, including the left chest, the back of the neck, and the inside label. The company argued that the sign was distinctive and capable of identifying its clothing products.

Procedural Background

EUIPO rejected the trademark applications in 2022, citing lack of distinctiveness. The office argued that the "I love" expression is a general message of affection and not a sign capable of distinguishing the clothing as originating from a particular brand. sprd.netrd.net appealed the decision to the European General Court.

Issues

1. Distinctiveness: Whether the "I love" sign is distinctive and capable of identifying (link unavailable)'s clothing products.

2. Trademark Registration: Whether the sign should be registered as a trademark for clothing items.

Contentions of Parties

sprd.netrd.net’s Contentions: The plaintiff argued that the "I love" sign is distinctive and capable of identifying its clothing products.

EUIPO's Contentions: EUIPO argued that the sign lacks distinctiveness and is a general message of affection.

Reasoning & Analysis

The European General Court agreed with EUIPO, stating that the sign is commonly used and universally recognized as meaning "I love". The court held that the placement of the sign does not give it a distinctive character that would allow consumers to identify it as originating from a particular business.

Final Outcome

The European General Court upheld EUIPO's rejection of the trademark applications, ruling that the "I love" sign lacks distinctiveness.

Implications

The decision highlights the importance of distinctiveness in determining trademark validity. It also emphasizes that signs that are commonly used and universally recognized may not be registrable as trademarks.