50-year wait to apply for trademark cited as contributing factor
(Image credit: Future)
Gibson has suffered another defeat in its quest to secure trademarks for its body shapes in the European Union: after losing the trademark for the Flying V shape back in June, the company has now had its mark for the Firebird shape cancelled, too.
According to Guitar.com, the Cancellation Division of the EU Intellectual Property Office came to a similar conclusion regarding the Firebird as the Flying V, claiming it “does not consider this to be significantly different from the normal style of electric guitars”.
The fact that Gibson waited 50 years since launching the first Firebird models, first filing for trademarks in 2011, also contributed to the decision.
Guitar body shapes may perhaps function as trademarks for a tiny club of expert and discerning guitarists, but not for the average amateur, who is the relevant public in assessing distinctive character in this case
EU Intellectual Property Office
As with the Flying V case, Warwick and Framus owner Hans-Peter Wilfer brought the application against Gibson.
One of the more notable observations from the case was that even if guitarists can clearly identify a guitar outline, the more pertinent factor is whether it means anything to a non-player - which apparently it doesn’t, at least when it comes to the Firebird.
“Guitar body shapes may perhaps function as trademarks for a tiny club of expert and discerning guitarists, but not for the average amateur, who is the relevant public in assessing distinctive character in this case,” the EUIPO stated.
This decision only relates to the body shape as it appears on guitars; Gibson still possesses the trademark in all other areas, most notably merchandise.
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And, of course, Gibson’s trademarks remain in the USA, with the Flying V forming a key part of its ongoing lawsuit against Dean Guitars in the USA.
Mike is Editor-in-Chief of GuitarWorld.com, in addition to being an offset fiend and recovering pedal addict. He has a master's degree in journalism from Cardiff University, and over a decade's experience writing and editing for guitar publications including MusicRadar, Total Guitar and Guitarist, as well as 20 years of recording and live experience in original and function bands. During his career, he has interviewed the likes of John Frusciante, Chris Cornell, Tom Morello, Matt Bellamy, Kirk Hammett, Jerry Cantrell, Joe Satriani, Tom DeLonge, Ed O'Brien, Polyphia, Tosin Abasi, Yvette Young and many more. In his free time, you'll find him making progressive instrumental rock under the nom de plume Maebe.
