The EUIPO On The Registrability Of A Figurative Trademark Protecting NFTs – Trademark

On 8 March 2023, the European Union Intellectual Property Office
(EUIPO) issued its decision on the refusal of Application No.
018647205 filed by Burberry Limited for a European Union figurative
trademark protecting various types of goods and services, including
non-fungible tokens (NFTs) (the “Trademark“).
The Trademark consists of a combination of elements that form a
check pattern design intended either to be placed on a part of the
goods or to cover the whole of their surface. The EUIPO stated that
the assessment of the distinctive character of the Trademark shall
be based on the principles applicable to three-dimensional marks,
even though the Trademark was applied for NFTs. The EUIPO noted
that the consumer’s perceptions for real-world goods can be
applied to equivalent virtual goods as a key aspect of virtual
goods is to emulate core concepts of real-world goods. By applying
these principles, the EUIPO refused the Trademark application since
the pattern depicted therein did not significantly depart from the
patterns commonly used in the trade for the goods and services
claimed by the Trademark.

Originally published by April, 2023

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.