Can Christmas Symbols Be Trademarks? Yes, But It’s Complicated!

Is it possible to register a Christmas tree as a trademark?

The answer is…..YES! 🎉

Registering holiday symbols like 🎅 Santa Claus, Christmas trees 🎄, or 🦌 reindeer as trademarks is possible, but it comes with specific requirements.

To qualify for trademark protection, such a Christmas symbol should possess distinctive character, i.e., differentiate the goods or services of one company from those of another. It should also be represented in a way that ensures its precise and unambiguous identification in the trademark register.

Another example might be the case of Chocoladefabriken Lindt & Sprüngli AG’s attempt to trademark its gold-foil chocolate reindeer 🦌 with a red ribbon 🎀 and bell 🔔. The EU General Court (Case T-336/08) ruled that it did not sufficiently deviate from standard packaging for similar goods and therefore lacked the distinctive character necessary for trademark registration. Therefore, it failed to meet the distinctiveness requirement necessary for trademark protection.

This case highlights the complexity of securing trademarks for Christmas symbols, which should stand out in a meaningful and recognizable way from others appearing on the market.

🎅 Merry Christmas everyone!!! 🎄