In a recent decision of 19/06/2023, the EUIPO rejected the figurative trade mark application  as descriptive and devoid of distinctive character for the claimed services “Educational training; Training; Company training; Teacher training; Training and education” in class 41.

The EUIPO examined the combination of the word and figurative elements of the sign at issue, namely, (a) the elements ‘Touch’ and ‘Learning’ inserted in (b) a red rectangular frame with rounded corners, at the base of which there is (c) a stylised figure of a hand, which resembles the ‘click’ icon. According to the EUIPO, all those elements together are capable of describing the characteristics of the method of learning by touch technology, indicating the type and purpose of the training services claimed by the trademark application.

The EUIPO thus rejected the trademark application because, although the sign contains figurative and stylised elements, those elements are so negligible that they do not give the trademark as a whole distinctive character and do not enable the trademark to fulfil its essential function in relation to the services for which protection is sought.