The famous Swedish manufacturer specializing in beds filed a trademark application on 16 December 2016 for chequered pattern covering 20, 24, 25 and 35. The examiner of EUIPO rejected the trademark on the basis of the regulation Article 7(1)(b) of Regulation 2017/1001.
The decision was appealed, but it also failed.
The Court came to the conclusion that the mark applied for was devoid of any distinctive character since the colors used in the mark would be perceived as being used for aesthetic purposes so it is not capable of distinguishing the trademarks from those of other undertakings.
Through this decision the Court also emphasizes below points while making an assessment of the distinctiveness:
(1) by reference to the goods or services in respect of which registration has been applied for; and
(2) by reference to the relevant public’s perception of the mark.
Hästens alleges that the mark was unique as a logo or as a label attached to its products.
The Court decides that goods could be made from fabric bearing the pattern or contain fabric parts which might represent or bear the pattern constituting the mark applied for. Moreover, the more closely the shape for which registration is sought resembles the shape most likely to be taken by the goods in question, the greater the likelihood of the shape being devoid of distinctive character is.