The General Court of the European Union ruled on 29 January 2025 in the case between Doorinn GmbH and the EUIPO over the refusal to register a position mark. The court case revolved around a red label that Doorinn GmbH wanted to register as a trademark on the underside of a mattress. However, the application was rejected for lack of distinctive character.
Doorinn GmbH filed an application with the EUIPO to register a position mark, consisting of a red label on the vertically running edge in the lower third of a mattress. This concerned both standard mattresses and medical mattresses. The EUIPO rejected the application, saying the label was not sufficiently distinctive. The Board of Appeal upheld this decision, stating that the red label blends too much into the general appearance of the mattress and does not differ significantly from what is common in the industry.
Legal assessment
The General Court of the European Union tested whether the Board of Appeal had rightly held that the label lacked distinctive character. It found that a position mark can only be registered if it differs significantly from what is customary in the sector. Since the label has no unique characteristics and is considered a decorative element, it could not be registered as a trademark.
In its assessment, the General Court looked at the perception of the relevant public, namely all consumers within the European Union. The red colour and positioning of the label were identified by the Board of Appeal as key features, but these were not considered distinctive. Moreover, it was found that labels such as these are frequently used within the industry and are seen as decorative rather than indications of origin.
Impact on the sector
This ruling has implications for manufacturers and designers within the interior design and mattress industry who are considering registering distinctive design features as trademarks. It confirms that a position mark can only be registered if the element deviates sufficiently from common practice. For companies, this means they have to consider the legal requirements for trademark registration when developing new products.
Doorinn GmbH saw its application rejected in full, with no possibility of reimbursement of legal costs, as no hearing had taken place. In doing so, the General Court once again underlines the strict criteria that a position mark must meet within the European Union.
Read the full judgment here: IEF 22522; ECLI:EU:T:2025:107.