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Thom Browne has encountered a setback in its effort to trademark a version of its iconic four-stripe design. In a decision released in March 2025, the European Union Intellectual Property Office (EUIPO) denied the brand’s application to register a position mark featuring four horizontal white stripes on the upper left sleeve of clothing. The refusal, issued under Article 7(1)(b) of the EU Trademark Regulation (EUTMR), highlights the ongoing difficulty brands face when attempting to protect design elements that may be seen as merely decorative.
In March 2024, Thom Browne applied to register the four-stripe design as a position mark for use on clothing items, such as jackets, hoodies, dresses, and shirts. The design consists of four equally spaced horizontal white bars placed on the sleeve’s upper portion.
Upon reviewing the application, the EUIPO concluded that consumers would likely view the stripe pattern as a decorative element rather than a source identifier. The decision emphasised that the placement and appearance of the stripes do not significantly deviate from typical fashion industry design norms. It was further noted that while word and figurative marks are commonly recognised as trademarks, the same is not automatically true for position marks, especially when the design is simple and widely used.
In the defence of the application, Thom Browne’s representatives argued that the four-stripe design meets the minimum threshold for distinctiveness. However, the EUIPO dismissed this claim, stating that online searches alone (which were relied upon) do not prove distinctiveness.
The EUIPO reiterated longstanding principles in EU trademark law: basic geometric shapes, such as stripes and lines, generally lack inherent distinctiveness. Since Thom Browne did not submit evidence to show that the design had acquired distinctiveness through use (as permitted under Article 7(3) EUTMR), it was concluded that the mark does not qualify for registration.
The outcome aligns with earlier decisions where simple visual patterns failed to be registered as trademarks. In a notable 2019 case, adidas was unable to secure protection for one of its three-stripe marks after failing to show consistent and widespread use across the EU. Similarly, Louis Vuitton faced a rejection when the EU’s General Court ruled that one of its checkerboard designs lacked both inherent and acquired distinctiveness.
This decision underscores the challenges brands face when trying to trademark minimalist or commonly used design elements. For a position mark featuring subtle graphics such as stripes or shapes, applicants must demonstrate that the design has come to signify the brand in the minds of consumers throughout the EU. Mere visibility in the market, even at scale, isn’t enough without clear proof of recognition as a trademark.
For further insights on trademark law and how to protect your intellectual property, please contact Jamie Short at jamie.short@ilaw.co.uk or call +44 (0)203 987 0222.
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