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 Prada’s triangle-shaped logo.

The EUIPO has ruled that Prada’s triangle pattern does not merit a European trademark on some classes of goods because it lacks distinctiveness.

Prada’s 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 Prada’s 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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