Designer tote bag brands to be stripped of trademark in EU

A European court has ruled designer totes bags can no longer be trademarked.

The ruling was handed down by the European Court of Justice in Luxembourg. 

It came after the EU was criticised for not protecting designer bags with the same quality as the mass market, and for allowing some brands to have no trademark in the EU. 

In a decision, the court said there was no need for a European trademark register for designer bags, which are manufactured by a number of different manufacturers in different countries. 

But it added that it could not give a final decision as to whether the brand should be allowed to continue to trade. 

The court said the EU’s rules were outdated, and had failed to provide protection for consumers from counterfeit goods.

“We need to ensure that consumer protection is safeguarded for the brand and its products,” said Justice Jean-François Lévy.

“The European Court recognises that the consumer can have a different opinion on a product as to its quality and value, and the protection of such opinions in the market is essential.”

A spokesman for the European Union said it was “pleased” with the court’s ruling.

“Our position is that the European Commission’s proposals, which require brands to register their trademarks, are not compatible with our principles and cannot be considered as a new approach to protection of the consumer,” he said.

“Therefore, we are reviewing the decision, and will consider further the recommendations of the court.”

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