Crestfallen: Rare defeat for Barcelona as judges block trademark on club badge

Barcelona may be nigh-on unbeatable on the football field but off the pitch they have suffered a humbling defeat. The Spanish club, home to stars such as Lionel Messi, has been beaten by judges who refused to register the outline of its crest as a trademark. It was told the shape was not distinctive enough to be identified with just the football club. “Crests are commonly used in business for purely decorative purposes without fulfilling the function of a trademark,” the European Union court ruled.

In fact, the mark sought will rather tend to be perceived by consumers merely as a shape and will not enable them to distinguish the proprietor’s goods or services.

European Court judges

Barcelona’s familiar crest, based on a design drawn in 1910 by one of its own players, features the letters FCB and a football over the flags of the city and Catalonia and the blue and red stripe of team’s strip. But the club tried last year to have just the outline of the crest registered for use on things such as stationery, clothing and sports activities. But it turned to the courts when the plan was rejected by the European trademark office. However, the General Court of the European Union, based in Luxembourg, dismissed the case on Thursday, saying: “None of the characteristics of the sign at issue contains any striking feature which is liable to attract the attention of consumers.”