A European court has affirmed an earlier ruling that Spanish football club FC Barcelona has not been able to demonstrate genuine use of trademarks in a dispute with US-based fashion company Kule.
Under the European Union Trademark Regulations (Article 7(1)(e)(i)), trademarks consisting solely of a shape or other characteristic resulting from the nature of the goods cannot be registered and such goods. Rejection of a mark consisting of a technical result, shape, or other characteristic of the goods necessary to obtain a substantial value for the mark shall not be overridden by the conspicuity caused by use.