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General Court dismisses Fútbol Club Barcelona’s application for registration of the outline of its crest

2016; Oxford University Press; Volume: 11; Issue: 9 Linguagem: Inglês

10.1093/jiplp/jpw091

1747-1540

Shannon Yavorsky,

Sports, Gender, and Society

The EU General Court has rejected Fútbol Club Barcelona’s (FCB) attempt to register the shape of its famed crest as a Community trade mark on the basis that the outline of the crest lacks distinctive character pursuant to Article 7(1)(b) of the Community Trade Mark Regulation (207/2009/EC). In addition, FCB failed to establish its mark had acquired distinctive character through use within the meaning of Article 7(3). In particular, the General Court observed that crests are commonly used in business for purely decorative purposes without fulfilling the function of a trade mark.