Samsonite fails to register 3D trademark due to lack of distinctiveness

Thursday, 18 of August of 2022

Market can be challenging; thus companies have to be bold and maintain high levels of innovation.  The outlay that this innovation requires means that companies try to protect their assets, but offices do not always agree on distinctiveness and/or capacity to be a trademark.  In this respect, Samsonite recently failed to get 3D trademark for the iPad case fitted with arms and legs and applied before EUIPO back in 2019. The EUIPO Board of Appeal has reaffirmed its decision to refuse the application, arguing the lack of distinctiveness of the product. This decision is based on the perception of the average consumer, which normally perceives a trademark as a whole and without analyzing the details. These details, the arms and legs, were considered in a functional and non-distinctive sense. Furthermore, the pre-existence of cases with similar features meant that the applicant's argument about their uniqueness compared to what had been available on the market to date was considered to be unsubstantiated.

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