As mentioned in our earlier post, the European trademark office is rather reluctant to accept such position marks. The question is always whether the consumer will see a green eye (or a red sole) as an indication of origin (and therefore as a trademark) or merely as decoration. At the end, the consumer is not used to see these elements as trademarks.
In this application, Boss goes a step further and claims the green eye as seen on the left shoe also for the right shoe. However, no image of the right shoe is attached.
One of the requirements of a trademark is that one should be able to determine the scope of the trademark. It is the question whether such a description of a trademark will be accepted. Anyway, a very interesting application, MarkMatters.com will keep you posted!
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