Adidas Parallel Three Articles The European Court of Justice ruled that it cannot be used as a trademark due to "lack of uniqueness"
What is the logo of Adidas? I believe everyone will answer the "three-points", but the European Court of Justice ruled that Adidas's "three parallels" lacks uniqueness and cannot be used as a registered trademark.
(EUIPO) The 2016 decision maintains the previous decision to cancel trademark registration.
The trademark invalidation of the shoe trader "Liangjian" challenged the registration of "Sanjian". Adidas has been using parallel three strips in its products. In 2014, this well-known pattern was registered as a trademark. The registration rules stated that "three parallel equidistant stripes, equal in width, can Point in any direction.” However, the Belgian footwear company Shoe Branding challenged the registration, and the two sides faced off in court for 10 years. Last year, the European Court of Justice ruled that Shoe Branding's "liangjian" trademark was invalid because it was too similar to Adidas.
The court stated that the evidence does not reflect the general consensus among EU countries.
However, this ruling is not good for Adidas. The company needs to prove that the three logos are "unique" in the EU, that is, consumers in the EU will know that "three" equals Adidas.
The court pointed out that the data provided by Adidas only showed the situation of 5 EU countries, not the general situation of the entire EU countries.