Federal Court on the registrability of position marks — Federal Administrative Court decision of 04.12.2025 (B-447/2025)

The two S-shaped position marks for shoes (class 25) cannot be registered as trademarks because they do not have inherent distinctiveness.

Neither the S shape itself nor its placement on the outside of the shoe gives the sign the ability to indicate a specific commercial origin. Even with increased attention, the public will perceive the design only as a decorative element and not as a trademark.

Accordingly, the signs do not fulfill the trademark’s function of indicating origin and are regarded, in relation to footwear, as common property — meaning they are freely usable by everyone and not eligible for protection.