EU Court rules ‘I love’ sign cannot be trademarked for clothing

I Love NY merchandise is on display for sale at a gift shop in Lower Manhattan, Thursday, Nov. 12, 2020. (AP Photo/Mary Altaffer)

BRUSSELS — The European General Court on Wednesday ruled against German company sprd.netrd.net in its bid to trademark the “I love” sign, with a heart symbolizing ‘love,’ for clothing items such as t-shirts, sweatshirts, and pullovers.

The Court upheld the European Union Intellectual Property Office’s (EUIPO) 2022 rejection of sprd.net’s trademark applications. The company had sought to register the “I love” sign, featuring a red heart, in specific positions on garments, including the left chest, the back of the neck and the inside label.

EUIPO originally rejected the applications on the grounds that the mark lacked distinctiveness. According to the office, the “I love” expression is immediately understood as a general message of affection and not a sign capable of distinguishing the clothing as originating from a particular brand.

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The Court, the EU’s second-highest, agreed.

“The sign in question is commonly used and universally recognized as meaning ‘I love’,” the Court said. “Its placement does not give it a distinctive character that would allow consumers to identify it as originating from a particular business.”

Sprd.netrd.net did not immediately respond to an emailed request for comment.

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Reporting by Charlotte Van Campenhout; Editing by Bernadette Baum