Global guitar manufacturer Gibson has dropped an appeal to register a trade mark in the EU after an intellectual property court rejected its application last year.
According to industry publication Guitar World, it is the second application to be declined in the last 12 months, after unsuccessfully registering a trade mark for the “Flying V” guitar shape in June 2019.
The latest ruling follows the guitar maker’s trade mark appeal for the “Firebird” guitar shape in the EU, which was rejected in October last year.
Gibson had attempted to prevent German guitar manufacturer Warwick from selling its own version of the “Firebird” shaped instruments.
Handing down its ruling last year, the EU Intellectual Property Office said it did not consider the “Firebird” shape to be “significantly different” from the normal style of electric guitars.
“Guitar body shapes may perhaps function as trade marks for a tiny club of expert and discerning guitarists, but not for the average amateur, who is the relevant public in assessing distinctive character in this case,” said the EUIPO.
The court also took into account the 50-year gap between launching the “Firebird” model and the application to trade mark the shape.
While the decision only applies to trade marks in the EU, Gibson can continue to enforce its copyright in the US, where it holds full rights to the guitar shape.
Commenting on the ruling, a Gibson spokesperson said: “With regard to Gibson’s Firebird design, Gibson still holds several valid and enforceable rights to the Firebird design in the EU.
“Although there have been a number of disappointing rulings recently in the EU, invalidating such iconic designs as the Rubik’s cube, Gibson has decided not to appeal the limited ruling against one of its Firebird registrations because it holds other valid registrations which protect this iconic design.”
For trade mark help and advice, get in touch with our expert team today.