Challenges In Registration Of 3D And Pattern Marks

A recent seminar hosted by Keltie highlighted the difficulty of registering shape and pattern marks based on inherent distinctiveness, as well as (for EU trade marks) the challenge of proving acquired distinctiveness through use throughout the EU.

Acquired distinctiveness: the LV chequerboard

The EU General Court judgment in Louis Vuitton Malletier v EUIPO (Case T-275/21) concerning the LV chequerboard pattern highlights the difficulty of proving acquired distinctiveness in the EU. This application for a pattern mark was found to be not inherently distinctive, and the applicant relied on acquired distinctiveness based on use throughout the EU. However, the Court agreed with the Board of Appeal that LV had not proved acquired distinctiveness in Latvia, Lithuania, Bulgaria, Slovakia or Slovenia.