In January 2026, the General Court of the EU refused the application for a motion mark for a hinged window. The Court believed the movement consisted solely of a technical functional process. Niek ter Haar and Volha Parfenchyk unpack the case and explain when the technical exception applies.
A recent ruling by the EU General Court confirms that a motion mark cannot be registered when the movement exclusively covers a technical functional process. In short:
- Article 7(1)(e)(ii) of the EU Trademark Regulation prevents the registration of signs that are necessary to achieve a technical result.
- For the assessment, the essential features of the mark must first be established.
- If all essential features fulfil a technical function, the mark will be refused.
