The General Court of the European Union delivered a judgment in Case T-9/25, KCT v EUIPO, on January 14, 2026, which is useful to demonstrate the level of 'distinctiveness' required to overcome objections citing Article 7(1)(b) of the European Union Trade Mark Regulation (EUTMR).
The article states that trade marks which are devoid of any distinctive character shall not be registered.
The decision is also a clear example of a trade mark application that fell foul of Article 7(1)(e)(ii) EUTMR, which prevents the registration of signs that consist exclusively of the shape of goods, or another characteristic, which is necessary to obtain a technical result.
The application and refusal
The case centred on an application by a German company (KCT) to register the "movement of a folding window," showing a window sash moving outward and upward from its frame.
