A 4WD climbing on a mountain: distinctive enough for a trademark?

⚠️Spoiler: no, according to the EU General Court (T-400/24, March 19, 2025).

🔍 Mercedes-Benz had tried to register a figurative mark representing an all-terrain vehicle in full ascent, for vehicles and tires (class 12).

⛔️ The EUIPO had refused registration for lack of distinctive character (Article 7, §1, b), Regulation 2017/1001). The Court of First Instance confirms.

🎯 Distinctive character is assessed (pt. 14, ref. to the judgment of March 13, 2024, T-243/23, MORE-BIOTIC):

With regard to the goods or services for which registration is sought,

And the perception of the relevant public.

🏷️ The trademark applied for? A customary representation of an off-road vehicle climbing a slope, in a scene typical of this type of vehicle (pt. 23).

Mercedes claimed a hand-drawn sketch style, supposed to confer an individual and unique appearance to the mark applied for, but :

✍️ Even “hand-drawn” isn't enough.

The graphic design in this case “is not such as to distract the consumer from the banal perception of an off-road vehicle climbing a hill” (pt. 24).

👉 Clear message: no protection without identifying function and distinctive character.

📌 To keep in mind for your visual branding strategies.

Credits: Mercedes-Benz Group AG