A EUROPEAN UNION court has rejected a bid by a German company to seek an EU-wide trademark for an unusually-shaped line of sex toys.

Bremen-based FunFactory GmbH had sought a trademark on a vibrating product for women which eschewed the traditional shape (described as “rod-like” by the General Court of the EU) in favour of a structure with three spheres, pictured.

This was rejected by the EU’s trademark agency, the Office for Harmonisation of the Internal Market (OHIM), which found that the design was not distinctive enough, prompting the appeal to the Luxembourg-based General Court.

“It was assumed that the subject of the application in the combination of the various features was devoid of any distinctive character,” the court summarised the trademark body as finding.

“Although vibrators often have an elongated shape, several other shapes exist in this industry – as can be seen from an internet search [...] – including different shapes next to each other”, the court found.

It added that these included products with a “spherical, rounded or flattened appearance”.

“The shape for which protection is sought is, therefore, not significantly different from the norm or customs of the sector,” it included.

The German company was ordered to pay costs, but is entitled to appeal the ruling to the European Court of Justice – the continent’s most senior court – if it wishes.