German Court Rejects Birkenstock Shoe Sole Trademark Bid

A German court rejected Birkenstock's appeal seeking trademark protection for a shoe sole pattern, finding the design lacks enough distinctive character to identify the origin of the company's footwear.

The decision, reported on September 2, 2026, upholds prior findings that the pattern does not function as a source identifier under applicable trademark standards.

Birkenstock had pursued registration of the sole design amid efforts to protect its distinctive footwear features against competitors.

The ruling aligns with strict European criteria for non-traditional marks, requiring clear evidence of acquired distinctiveness or inherent uniqueness.

No immediate appeal details were available in initial reports.

Sources: https://www.law360.com/intellectual-property-uk https://www.law360.com/articles/2515473/ttab-s-nike-ruling-highlights-trademark-filing-pitfalls