UKIPO Rejects Crocs Clog Shape Mark Application

A recent UKIPO decision refused registration of Crocs' three-dimensional clog shape as a trade mark for orthopaedic shoes in class 10 and footwear in class 25. The application, filed in March 2024, faced an objection under section 3(1)(b) of the Trade Marks Act 1994 on the basis that the sign consisted of the shape of the goods themselves and lacked distinctive character. The hearing officer found the mark inherently non-distinctive. Evidence submitted to show acquired distinctiveness through use was deemed insufficient to establish that consumers would recognise the shape as indicating commercial origin. The application was therefore refused in full. The ruling underscores the high evidentiary threshold for protecting product shapes as trade marks in the UK.

Small businesses should gather robust evidence of consumer recognition before seeking shape mark protection.