VistaJet (Malta) (VJT, Malta International) has vowed to continue working to secure a European Union trademark for the horizontal red stripe on its silver fuselage, despite a recent setback in its trademark application.
The EU General Court (Sixth Chamber) on February 5 dismissed an appeal from VistaJet against a decision by the Board of Appeal of the European Union Intellectual Property Office (EUIPO) that a year earlier had rejected the airline's application.
VistaJet had filed the trademark request on September 12, 2022, but the application was refused in May 2023, as the design was deemed lacking in distinctive character in terms of EU trademark regulations. VistaJet's subsequent appeal to the Board of Appeal was also rejected, and the EU General Court upheld the decision, ruling that the red stripe on the fuselage was purely decorative and did not identify the commercial origin of the services.
In reaction, a VistaJet spokeswoman told the Private Jet Card Comparisons news site that the issue was a narrow legal matter, not a complete rejection, and that VistaJet planned to adjust its application to meet EU regulations.
"The recent EU submission concerned a very narrow point of law. It does not mean the mark was rejected. It just means we need to continue the process and further tailor our application to align with the local approach," she said.
The company has already secured trademarks for its livery in the United States, the United Kingdom, and the United Arab Emirates.
