Do you recognize this car headlight? You’re in good company. The European Court of Justice has recently ruled that this headlight, designed by Volvo Cars, is a distinctive three-dimensional mark which can serve well to distinguish Volvo Car’s products from those of its competitors.

Since three-dimensional marks are notoriously hard to obtain, this is a win for Volvo – and hopefully for brand-owners in general.

The case at hand started in 2021, when Volvo Cars applied for trademark protection of the headlight shape with the European IP Office (EUIPO).

The EUIPO refused the mark, stating that it lacked the minimum distinctive character needed for trademark protection within the EU. Volvo Cars appealed, but found the Board of Appeal maintaining the Office decision.

Volvo subsequently appealed to the European Court of Justice, which ruled that the headlight in fact had unusual features: “In particular the clear, geometric graphic shape with a horizontal line, ending in a vertical shape with small angles, forming a horizontal ‘Y’, confers on the mark a particular appearance.”

These elements were regarded as sufficient to set Volvo’s design apart from other LED headlight designs on the market. Hence, it was regarded a valid trademark and a shape worthy of trademark protection in the European Union. It is to be hoped that this Court decision paves the way for easier protection of 3D marks in the European Union.