Europe Rejects "Love" Trademark for Apparel

The European General Court reportedly ruled against a German company, sprd.netrd.net, seeking to trademark an “I love” sign for clothing. The proposed trademark included a red heart symbolizing "love" and would have been used for t-shirts, sweatshirts, and pullovers.

As reported by Reuters, the Court upheld the European Union Intellectual Property Office’s (“EUIPO”) rejection of the trademark applications for lack of distinctiveness. The EUIPO explained that the "I love” expression is readily understood as a “general message of affection” and is not a distinguishing symbol for a brand. The Court reinforced that the impugned sign is “commonly used and universally recognized as meaning ‘I love’”.

The company sought to register the “I love” sign in specific positions on apparel, namely, the left chest, the back of the neck, and the inside label. As reported by CTV News, however, the Court found that “its placement does not give it a distinctive character that would allow consumers to identify it as originating from a particular business”.