On 26 July 2023, the General Court of the European Union (GC) handed down its decisions in case T-591/21 (Apart v EUIPO - S. Tous (Représentation d'un ours)), concerning the application for invalidity of a teddy bear as a trademark for jewellery (the "Teddy Bear Trademark"). The GC rejected the applicant's arguments that (a) the shape of the teddy bear gives substantial value to jewellery goods and thus cannot be registered as a trademark, and (b) the Teddy Bear Trademark lacks distinctiveness for the relevant category of goods. As for the first argument, the GC held that the fact that the shape of the Teddy Bear Trademark may be pleasing or attractive is not sufficient to exclude it from registration and as for the second argument, the GC noted that the sign is merely evocative and may not be perceived as a teddy bear shape by all consumers.
Originally published by August - September, 2023
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