Barcelona cannot register the outline of their club badge as a trademark, a European Union court has ruled.
Barca had hoped to use the design -- a black outline of their badge -- in marketing for items including stationery and clothing.
However, the General Court announced that it had dismissed the action, which the club first brought in April 2013, because "the sign in question does not have the distinctive character required" as the outline is not immediately recognisable to consumers.
note - image: general court of european union dismissed registration of barcelona's crest outline as a trade mark pic.twitter.com/7GIrR25Nf3
- barcastuff (@barcastuff) December 10, 2015
The judgement read: "The General Court confirms that none of the characteristics of the sign at issue contains any striking feature which is liable to attract the attention of consumers.
"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 from those of other undertakings.
"The Court further observes that crests are commonly used in business for purely decorative purposes without fulfilling the function of a trade mark. Consequently, the sign in question does not have the distinctive character required by the Regulation on the Community trade mark 1 for the purposes of being registered.
"The Court further observes that FC Barcelona has not succeeded in demonstrating that the sign has acquired distinctive character through its use.
"In those circumstances, the General Court dismisses in its entirety the action brought by Barcelona FC."
Barca may lodge an appeal, limited to points of law only, with the Court of Justice within two months.