Refusal of the “I ❤️” trademark or the complicated relationship between brands and slogans…
⌛ To summarize...
The European Court of First Instance has upheld the refusal to register the (positional) trademark application "I ❤️":
→ Filed in connection with clothing, the judges consider that the sign is devoid of distinctive character
→ It will be perceived as a banal/organizational message, with no possibility of identifying the origin of the goods (essential function of the trademark)
CJEU, No. T-304/24, Judgment of the General Court, sprd.net AG v. Office of the European Union for Intellectual Property, July 9, 2025
October 2025
By Pierre Favilli
🤷♂️ Why doesn't the position make the slogan distinctive?
Printing "I ❤️ ..." on the back of the neck or on a label is not enough to give it an identification function.
The sign will continue to be perceived as a commonplace decorative element
👁️ How is a slogan considered distinctive?
A slogan can be distinctive if it demonstrates a certain originality (cognitive impact) in terms of turn of phrase, rhythm, association of terms...
If it does not consist of a simple laudatory formula extolling the quality or attractiveness of products and services
If it does not consist simply of an advertising or promotional message
🔎 Any examples of distinctive slogans?
"L'avance par la technologie" (automotive)
CJEU, No. C-398/08, Audi AG v. OHIM, January 21, 2010
"It's like milk but made for humans" (dairy products)
TUE, T-253/20 - Oatly / EUIPO, January 20, 2021
💡 Any strategic advice?
One option is to combine your slogan with a logo. The combination of verbal and figurative elements can make the whole more distinctive.
⚠️ Please note that in this case :
- Figurative elements must themselves be distinctive
- Figurative elements must significantly alter the perception of the sign.
Another option is to invoke the acquisition of distinctive character through use (but this is complex for European Union trademarks).
💡 What to remember?
In branding :
✅ Favour creative and surprising slogans
❌ Avoid universal, banal, laudatory or purely advertising formulas