On the 13th of November, the General Court of the European Union delivered its judgment on case T-426/23, denying Chiquita Brands the trademark protection of its logo, on the grounds of not being distinctive.
Chiquita Brands, a multinational corporation whose main purpose is the production and distribution of bananas and other fresh fruits, registered a figurative mark (consisting of a blue oval surrounded by a yellow border) as an EU trademark for a range of products, amongst which were included fresh fruits.
In May 2020, Compagnie financière de participation, a French company whose main purpose is also the production and sale of fruit, applied for the cancellation of the registration of the brand at the European Union Intellectual Property Office (hereinafter, the “EUIPO”). Its application was made on the basis that Article 7.1(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of the 14th of June 2017, on the European Union trademark (codification), establishes, as grounds for an absoluterefusal of registration, “trademarks which are devoid of any distinctive character.”
The EUIPO approved the application of the French company and published its decision in May 2023, in which it declared the trademark null and void in respect of fresh fruits, including bananas. Its decision rested on the argument that the blue oval with a yellow border lacked a distinctive character, as well as the fact that Chiquita Brands failed to certify that the trademark would have acquired a distinctive character through use.
Chiquita Brands lodged an appeal against the decision with the General Court, which confirmed that the trademark was null and void in respect of fresh fruits and bananas, on the following grounds:
- With regard to the shape and design of the mark, the Court emphasises that oval-shaped labels are not distinctive per se, since they are commonly used in the fresh fruit industry, especially for bananas. The Court reasons that, furthermore, the Chiquita Brands logo was overly simple, and lacking memorable or unique characteristics.
- In relation to the colour scheme, the Court affirms that the combination of blue and yellow are also commonplace in the fresh fruit industry, and insufficient to individualise the company’s products and trigger associations with a specific origin or characteristic.
- Along similar lines to that argued by the EUIPO, the General Court deems that Chiquita Brands did not provide sufficient evidence that the mere geometric shape used for its logo, without including the word “Chiquita”, acquired a sufficiently distinctive character to be registered as a trademark.
Finally, the General Court stressed that, in order for a mark to possess a distinctive character, and, therefore, to be registered as a trademark, it is imperative that it be sufficiently unique and memorable so that it may be easily recognised by the public.
Oscar Vilá
Vilá Abogados
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13th of December 2024
