English 
Italiano Also a trademark consisting of an image may be considered descriptive.
Specifically, this occurs when the trademark consists of an image that is descriptive of the covered goods (or services) or of one of their characteristics.
Figurative trademark may also be considered devoid of distinctiveness when it consists of a simple geometric figure, lacking any original elements, or when is it represented only by a color and its distinctiveness is not demonstrated through use.
Some examples help us to better understand the scope of prohibition:
T-385/08, 8-07.2010: Refused for goods in classes 18 e 31 (pet food and drinks). The Court noted that, being included in class 18 also goods specially produced for dogs, such as dog leads, dog collars and other dog accessories – the portrayal of a dog clearly describes these products. Same conclusion for the goods in class 31.
EU Trade Mark Application 00047829 refused as considered by EUIPO a simple geometric image, made with only a colour.
EU Trade Mark Application 00052035 refused because it consists exclusively of one colour.
EU Trade Mark Application 000152314 refused because it consists exclusively of one colour.
T-335/15, 29.09.2016: Refused for goods in class 5 (nutritional supplements), 25 (clothing, footwear) and for services in class 35 (on-line retail store services featuring nutritional supplements, health and diet-related products, clothing and footwear). It was considered that the silhouette of a bodybuilder shows a sufficiently direct and specific relationship to the goods and services covered by the application for registration.
EU Trade Mark Application 000251405 for “skates” in class 28; refused because the sign has been considered not fanciful enough to allow the consumer to recognize the origin of the goods.
EU Trade Mark Application 000573121 for goods in class 18 (leather and imitation of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery) and 25 (clothing, footwear, headgear): Refused as it was considered to represent a constituent element (fabric, weft or insert) of the claimed products and that it did not have any characterising elements capable of differentiating the product from those of the same type on the market.
EU Trade Mark Application 000098913 in class 39 for “car parking with split payment time”. Refused as it was considered that
“the applied-for trademark, consisting of a blue drawing of part of a hand holding a coin for insertion into a slot”
indicates a characteristic of the service being applied for, namely, a payment plan service.
EU Trade Mark Application 000724021 in class 31 for “fresh vegetables and fruits”. Refused as
“the figurative mark does not have any special features which could render it distinctive and is thought unlikely that the public would regard this picture as a trademark which would distinguish “fresh fruit and vegetables” of the applicant from those of another trader”.
EU Trade Mark Application n. 002459055 in class 8 for hand-operated tools, razors, cutlery, especially forks, spoons, and knives (whether or not made of or plated with precious metal). Refused as considered
“representation of a very common ornamental motif which does not have any characterising elements which sufficiently differentiate the claimed product from those of the same type found on the market”
EU Trade Mark Application n. 019211527 in classes 9 (computer game software, downloadable; downloadable software in the nature of a mobile application for playing games…virtual reality game software..) and 41 (game services provide online from a computer network; providing online computer games featuring virtual worlds in which users can interact for entertainment purposes…).
Refused as considered descriptive for the following reasons:
“The sign is a symbolic portrayal of a common game feature, depicting a player facing two options represented as numerical choices “+”, “-“, “x”, o “÷” symbols in contrasting coloured panels. This type of icons commonly used in mobile and video games to indicate choices that affect scoring, progression or rewards. The goods and services for which the protection is sought are directly related to the gaming sector. The sign will be immediately perceived by the relevant public as a functional or decorative element indicating gameplay options, rather than as an indicator of commercial origin”.
EU Trade Mark Application n. 019197287 for “edible pet treats” in class 31.
Application refused as it was stated that representations of dogs are frequently used in relation to pet foodstuffs and that in this case the sign has a clear descriptive meaning (describes that edible pet treats are intended for dogs) and is also devoid of any distinctive character.
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