07/08/2025
We previously discussed the General Court accepting the inherent registrability of a 3D trade mark covering Volvo’s headlights, recognising the ability for car headlights to act as indications of origin. That decision was notable because it highlighted the EUIPO’s changing attitude towards the ability of vehicle headlights to serve as indicators of brand identity.
Building on that momentum, the EUIPO’s Board of Appeal has been tasked with considering the registrability of two radiator grilles of vehicle brands owned by the Mercedes-Benz Group, Mercedes-Benz, and Daimler Trucks. In light of the recent Volvo decision and general uptick of trade mark applications covering vehicle shapes, the Board of Appeal’s decisions may be useful guidance for automotive manufacturers seeking monopoly protection of their components.
Background
Attempts to gain trade mark protection for vehicle grille designs have happened before now. As early as 2003, the General Court accepted that grilles are an essential part of the appearance of vehicles and a means of differentiating between models, in their finding that an old fashioned Jeep grille was sufficiently distinctive to be registered.
However, since that decision, the EUIPO has been reluctant to find that the designs of other grilles filed as possible trade mark registrations are adequately unusual to avoid being labelled as ‘commonplace’ and thus denied registration as a trade mark.
For example, in 2013, the Board of Appeal rejected an application for a grille image filed by Audi AG (‘Audi Grille’), finding that it was ‘a simple, only slightly bevelled rectangle’. Similarly, in 2014, the Board of Appeal rejected an application for a grille filed by Aston Martin (‘AM Grille’), deciding it departed little from ‘a typical car grille’.
Audi Grille
AM Grille
Daimler
Fast forward to February 2023, Daimler Truck AG filed at the EUIPO figurative application 018836225, which featured a vehicle grille with five bars and a central, empty, circular emblem area (‘Daimler Five Bar Grille’). This application, covering Radiator grills of metal for vehicles in Class 12, progressed to registration without receiving an objection from the EUIPO examiner.
In December 2023, after the Daimler Five Bar Grille had been registered, Daimler Truck AG filed at the EUIPO figurative application 018962642 featuring another vehicle grille. This application features a segment of the Daimler Five Bar Grille, identically showing the middle two bars, with a curved recess at the centre of the top bar and four rows of small circles affixed to each rung. The EUIPO examiner partially rejected the application for goods related to radiator grilles, finding that the shape did not significantly differ from the norms of the sector, and published their decision in August 2024. Daimler Truck AG appealed.
In January 2025, the Board of Appeal upheld this refusal, maintaining that the outline shape, the use of two bars, and the use of patterns of small shapes were merely variants of grilles already available on the market. The combination of these elements was deemed insufficiently unusual to attract consumers’ attention.
Daimler Five Bar Grille
Daimler Two Bar Grille
Mercedes-Benz
Mercedes-Benz, meanwhile, has taken a different approach to trade mark filings with mixed results. In April 2017, Mercedes-Benz filed at the EUIPO figurative application 016565211 featuring a vehicle grille with a mesh structure, central circular emblem area, and a central bar (‘Mercedes Hexagon-Mesh Grille’). This application, like the Daimler Five Bar Grille, covered Radiator grills of metal for vehicles in Class 12 and proceeded to registration without receiving an objection from the EUIPO examiner. The registration would face an invalidity challenge for a lack of distinctive character from a spare parts distributor, but the parties reached a settlement and the invalidity was withdrawn before a decision.
In September 2023, Mercedes-Benz filed a similar EU figurative trade mark application, 018922038, featuring a vehicle grille with a mesh structure composed of small copies of the Mercedes logo (‘Mercedes Star-Mesh Grille’). The EUIPO examiner partially rejected this application for the goods related to radiator grilles for lacking distinctive character. Mercedes-Benz filed an appeal.
In April 2025, the Board of Appeal overturned the refusal, deciding that the combination of the mesh, the central circular element, and a strip which tapers outwards, departs significantly from other grille designs on the market and thus can be distinguished from other manufacturers. The Board also found the mark was distinctive irrespective of whether the individual components of the mesh, namely the Mercedes logo, would be recognised by consumers, and therefore the distinctiveness of the mark does not solely reside in the repeated use of the Mercedes logo. This is encouraging, as it means that Mercedes could adopt a similar filing plan for grilles with alternative meshes. That is, if the EUIPO are consistent.
Mercedes Hexagon-Mesh Grille
Mercedes Star-Mesh Grille
Conclusion
If the grille differs from the norm, and the mark of the application filed can depict that, we hope that these most recent decisions from the EUIPO suggest that such grilles are now viable candidates for trade mark protection because they are something the public see as a trade mark.
Whilst traditional grilles may be less prevalent as the market shifts towards electric vehicles, we are seeing that some manufacturers continue to preserve the aesthetic of a prominent front grille for their EV. This may be part of a defined branding strategy and so we believe these decisions from the EUIPO will have continued significance.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
