Round-up of non-traditional EU trade mark decisions 2023

Abstract

Abstract In 2023, a total of 148 586 trade marks were registered by the European Union Intellectual Property Office (EUIPO). Only 443 of these were ‘non-traditional trade marks’, by this inter alia meaning sounds, colours, patterns, shapes and holograms. Data suggest that the present trend towards obtaining EU trade mark (EUTM) registration for non-traditional trade marks remains low, with merely 0.29 per cent of all applications received by the EUIPO in 2023 concerning such signs. The limited number of cases decided during this period relates to the distinctiveness of such trade marks. This article provides an analysis of six decisions of the General Court and the EUIPO Boards of Appeal, within the field of non-traditional EUTM’s issued in the course of 2023.