‘Moon Boot’ 3D mark has been given the boot by the EU General Court

The topic of 3D marks has been discussed a lot on the Trademarkroom blog, as many existing 3D marks have come under fire, and some removed from the register.

The latest to come under fire, is a moon boot.

The Moon Boot is an iconic piece of footwear, designed by Italian Tecnica Group as the first dedicated after ski footwear. These were inspired by the 1969 moon landing and has now surpassed over 20 million units sold.

The 3D trade mark was filed by Tecnica in 2011 for the shape of the moon boot and registered in 2012.

Not everything was out of this world as German company Zeiteneu filed an invalidity application with the EUIPO. This was partially successful in respect of goods under class 25, (clothing, footwear and headgear) due to a decision by the EUIPO cancellation division. This decision was upheld by the First Board of Appeal and now the matter lands in the lap of the EU General Court after a further appeal by Tecnica.

This unfortunately did not go the way Tecnica wanted as the EU General Court upheld the previous decision and stated that “the shape of the contested mark corresponds to the common shape of after-ski boots, which generally consist of a high shaft, often in a light synthetic material, with soles and laces.”. The trade mark therefore lacked distinctive character for class 25.

It isn’t known if further appeals are planned but this certainly is off-piste from Tecnica’s hopes for the appeal.

If you would like to discuss un-conventional trade marks further, please do get in touch with the team today.

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