Gianpaolo Todisco - Partner
The General Court of the European Union has upheld the decision of the European Union Intellectual Property Office (EUIPO) to invalidate the trademark registered by Chiquita Brands, represented by a blue and yellow oval, for fresh fruit, including bananas. The ruling states that the mark does not possess sufficient distinctiveness to identify the commercial origin of the goods and, therefore, cannot benefit from exclusive legal protection.
The background of the case
Chiquita Brands had registered the trade mark with the EUIPO for a wide range of food products. However, in 2020, the French company Compagnie financière de participation filed an application for cancellation, claiming that the blue and yellow oval lacked distinctiveness for products related to fresh fruit.
In May 2023, the EUIPO partially granted the request, invalidating the mark for fresh fruit, including bananas. The decision was based on the inability of the mark to distinguish itself effectively in the marketplace and the insufficiency of the evidence provided by Chiquita to prove that the symbol had acquired distinctiveness through prolonged use.
The grounds for the judgment
The EU General Court dismissed Chiquita's appeal, confirming the invalidity of the fresh fruit trade mark on the basis of three main arguments:
1. Form and characteristics of the mark
The mark consists of a simple oval, a common geometric shape with no significant distinctive elements.
In the banana sector, oval labels are widely used for practical reasons, such as easy application on curved fruits, thus reducing the possibility of considering them a unique element.
2. Colours used
The colour combination blue and yellow, while visually recognisable, is commonly used in the fresh fruit sector and does not possess a unique or distinctive character.
3. Insufficient evidence of acquired distinctiveness
Most of the evidence submitted by Chiquita concerned only four EU Member States, without demonstrating uniform EU-wide recognition of the mark.
In much of the evidence provided, the oval mark was always associated with the word ‘Chiquita’ or other graphic elements, making it difficult to attribute actual distinctiveness to the blue and yellow oval alone.
Implications of the decision
The ruling reaffirms a fundamental principle: a trade mark, in order to be protected, must be clearly and unambiguously distinguishable on the market through unique features that make it immediately recognisable from competitors. Common elements, such as geometric shapes or standard colour combinations, are not sufficient without solid evidence of acquired distinctiveness throughout the European Union.
Consequences for Chiquita Brands
Although Chiquita may continue to use the blue and yellow oval in its logo, it will lose exclusive trademark protection for the ‘fresh fruit’ category. This means that other companies could use similar graphics without incurring intellectual property infringement.
The decision is a warning to companies aiming to register trademarks based on generic or widely used elements, emphasising the importance of demonstrating distinctive value through broad and documented consumer perception at the European level.
