No green light for Amazone's agricultural machines: the EUIPO Board of Appeal rules green-orange combination lacks distinctiveness

No green light for Amazone's agricultural machines: the EUIPO Board of Appeal rules green-orange combination lacks distinctiveness

Journal article

1 online resource

Having reviewed the evidence submitted, the EUIPO Board of Appeal held that Amazone’s colour combination of green and orange had not acquired distinctive character through use. The Board found that the appellant failed to provide any information concerning several European countries, while evidence of consumer recognition was limited to a market survey in France and industry declarations from Germany. All other probatory materials submitted showed the use of the mark only alongside Amazone’s other marks. The Board concluded that this evidence was insufficient to demonstrate that the relevant public perceived these colours as referring to agricultural machinery produced by the appellant. The decision underscores the twin challenges of proving distinctiveness acquired through use and establishing that a colour functions as an indicator of commercial origin and is not merely a feature of exterior design.

Crossref

European Intellectual Property Review, 0142-0461 ; E.I.P.R. 2025, 47(9), 571-575

[New York, NY] : Thomson Reuters, 2025.

English

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