The Breathing Shoe

Originally published 16 November 2010

Keywords: trade mark registration, Geox, Hong Kong Registrar of Trade Marks

Geox's application for trade mark registration of a design of a shoe with a cloud of air spurting out from the sole (see figure 1) has been refused in a hearing before the Hong Kong Registrar of Trade Marks on the ground of lack of distinctiveness.

A shoe with a cloud of air spurting out from the sole appears to be a fanciful mark in the eyes of most, but for the purpose of trade mark registration, it cannot pass through the Registrar's (high) standard of distinctiveness required. The Registrar views that when this mark is used on footwear, it merely shows that air can pass through the sole and hence it designates the characteristics of the goods.