The European General Court has denied the registration of a trademark consisting of the expression “I love” represented by the letter “I” followed by a heart symbol, on the grounds that it lacks the required distinctiveness for trademark protection. The application was filed by a German company seeking to register the sign for clothing items, with the symbol placed in specific positions such as the left chest, the back of the neck, and in the inner label of clothing.
The EUIPO initially refused the application in 2022, arguing that the sign is composed of a commonly used expression of affection, so it lacks sufficient distinctiveness to indicate a specific business origin. The General Court upheld that decision, concluding that neither the symbol nor its placement on garments provided enough differentiation.
This ruling underscores the importance of securing trademark protection for elements that are truly capable of identifying a single business origin.
