The UKIPO has rejected Jaguar’s request to trademark a 3D shape, one which was intended for their next big move, across Europe. The EU General Court argued that the shape of the vehicle would simply not be distinctive enough to hold its own trade mark.
It can be assumed that all potential forms of a trademark should hold the same level of difficulty to register. However, the 3D shape proves itself to be more challenging, in comparison to pictures, logos or slogans, as demonstrated in this scenario. It would be difficult to prove that consumers would associate the shape as having originated from Jaguar Land Rover. Ineos Industries have previously applied to invalidate other Land Rover designs and succeeded. They once again stepped in to oppose the trademark in question and some grounds of appeal utilised include:
- ‘lack of inherent distinctiveness/ descriptive in nature’
- ‘registration would be contrary to public policy; and’
- ‘the applications were made in bad faith’
The Court argued that the features such as a ‘flat windscreen’, ’rounded front and rising waistline’, which can be witnessed on the vehicle, are very much applicable to most modern cars. If Jaguar Land Rover wishes to appeal to challenge the decision of the EU General Court, they must be able to provide satisfactory proof that consumers would associate the given 3D shape with the product itself. The shape of the product alone should be able to pass as an indicator of trade origin.
If you have any queries regarding a trade mark or would like our assistance with a matter, please get in touch with the Lawdit team today.