In case T-499/09, the General Court confirmed that the figurative trademark ‘crimson rectangle with a convex side’ lacked distinctive character for all the goods and services in Classes 1 to 45, the purple /crimson colour being “simple and common”, the geometric shape is usual.

The average consumer does not have a high degree of attention for colours and this sign being used as a background on tags cannot be considered a figurative trademark, but as decorative element which cannot serve to identify a specific commercial origin. The documents submitted by the Applicant regarding its participation to the ‘Print wirkt’ campaign do not give any information about the extent of use of the sign nor the perception of the relevant public as a trademark.