Jaguar Land Rover Community trademark (CTM) application for a 3D shape refused

Jaguar Land Rover filed a Community trademark (CTM) application for a 3D car shape covering automobiles. However it has emerged this has been rejected by the EU General Court.

On November 25, the court said that the application lacked “distinctive character” and was therefore not eligible for protection. Last year OHIM appeal board rejected the CTM application covering cars, radio toy-controlled cars, and air and water vehicles. The CTM application was of of six line drawings outlining the 3D shape of a land rover. The ruling was rejected for other products applied for such as air and water vehicles.

The court said: “It should be observed that the applicant, in so doing, in no way states that the mark applied for departs significantly from the norm or customs of the sector concerned as opposed to constituting merely a ‘variant’ of a common shape of a car. 

“Even if the applicant’s statements regarding the quality and level of detail of the six graphic representations were proved, the fact remains that a high quality and extremely detailed drawing may well contain merely a variation of the typical shape of a car,” the court concluded.

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