Can Radiator Grilles Be Trademarks? Mercedes Proves They Can

Can radiator grills for vehicles be a trademark? 🤔

In 2023, Mercedes applied to the EUIPO to register the following EU figurative trademark covering classes 12 and 28 for car radiator grilles, games and toys, but it was partially rejected on the basis that it depicts the goods and is non-distinctive. 🙅‍♀

Mercedes appealed to the Board of Appeal, arguing that the mark consists of multiple repetitions of the distinctive Mercedes star logo ⭐ and that the new mark is therefore also distinctive. In the end, the mark was considered distinctive in the appeal proceedings, and the main conclusion of this case….it is important to take into account the relevant average consumer and how they would understand the mark! 🧠⚖