Two red balls
The dispute between the multinationals began after BOIP initially approved the trademark registration of Reckitt’s ball in 2023. This decision didn’t sit well with Henkel. After all, Henkel also uses a red ball as part of its dishwashing detergent capsules, just like Reckitt. The red balls appear on the packaging of both Henkel’s Somat and Reckitt’s Finish products. Concerned that Reckitt could use its registration to challenge Henkel’s Somat ball, Henkel filed an invalidation action against Reckitt’s trademark registration.
Simple Geometric Shape
According to Henkel, Reckitt’s red ball is nothing more than a simple geometric shape. Trademark law states that such basic shapes cannot be registered because they lack distinctiveness. Furthermore, many dishwashing products use similar decorative elements, Henkel argued.
Complex, onderscheidend merk
Unsurprisingly, Reckitt disagrees. Due to the various color gradients and shades, they argue that this is not just a simple geometric shape, but rather a relatively complex and distinctive logo, deserving of trademark protection.
Registration canceled
The Benelux trademark office (BOIP) reversed its earlier decision to register the mark and sided with Henkel. Despite the shading effects, this red ball can indeed be considered a simple geometric shape. Consumers would not perceive it as a trademark, but rather as a decorative element used for marketing purposes. The Benelux trademark registration is therefore canceled.
International
I find myself agreeing with this ruling. Interestingly, Henkel and Reckitt aren’t only fighting in the Benelux region. The decision of BOIP mentions that the multinationals are also battling it out over the red ball in Germany, Italy, and Poland.
Bas Kist
