New decision of the EUIPO regarding the registrability of position trademark

Monday, 12 of September of 2022

The EUIPO refused the registration of a position trademark (“The trade mark comprises the tread and outer portion of a tyre in colour light grey ("Pantone 7527 C") depicted in the area outside the outer broken line, as shown in the attached representation”), since (i) a single colour and (ii) the technical function of the tread and outer portion in light grey imply that the relevant public will not perceive the mark in question as identifying the business origin of the proprietor and therefore lacks distinctiveness.

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