In the dynamic world of intellectual property, brands need to take the step to secure a trademark on their branding and logo to protect their identity and products. Distinctiveness plays a pivotal role in this process. This has been highlighted by a recent ruling from the European Union Intellectual Property Office (EUIPO) regarding Pradas triangle-shaped logo.
The EUIPO has ruled that Pradas triangle pattern does not merit a European trademark on some classes of goods because it lacks distinctiveness.
Pradas Logo and Legal Matters
In 2022, Prada sought to solidify its brand presence by applying for a European trademark on various classes of goods, including fashion items that feature the triangle pattern. This trademark approval hit a roadblock when the EUIPO rendered a decision stating that the pattern did not possess the necessary requirements for certain classes of goods.
The Board held that the pattern is a common shape and does not show distinctiveness, with Pradas triangle showing no specific details to differentiate it from the common shape.
There may have been a different decision on the subject matter of acquired distinctiveness but Prada did not rely on the section that provided for it.
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