Levi Strauss seeks Swiss ‘generic mark’ for jeans stitching

Levi Strauss & Co. has secured a partial victory in a Swiss court battle over the trademark status of its signature jeans stitching. The Federal Administrative Court in St. Gallen ordered the Federal Institute of Intellectual Property to reassess whether the distinctive curved double seam on back pockets qualifies as a registered mark due to widespread consumer recognition. The ruling, issued on September 22, 2026, under case number B-9329/2025, grants the San Francisco based apparel maker a second opportunity to prove that the design serves as an indicator of commercial origin rather than mere decoration. The dispute centers on a figurative mark depicting the outline of a back pocket featuring a curved double stitch. The company identifies this specific element as Arcuate Back Pocket Stitching. According to Levi Strauss, the firm has utilized this decorative pattern on its denim products since 1873. The initial trademark application covered a broad range of clothing items, including jeans, trousers, shorts, and skirts. In October 2025, the Federal Institute of Intellectual Property rejected the registration request for all listed goods. The agency argued that such stitching patterns primarily serve an aesthetic function and do not inherently signal the identity of a specific producer to consumers. Dissatisfied with this outcome, Levi Strauss appealed the decision to the Federal Administrative Court. The appellate panel largely upheld the lower authority's refusal regarding the primary claim. The judges determined that the submission essentially illustrated a standard back pocket configuration. They characterized the dashed lines within the drawing as typical decorative seams found in legwear. The judgment noted that the design elements remained simple and described the overall mark as rather banal. The court concluded that the visual representation did not deviate significantly from the standard repertoire of designs common in the garment industry. Consequently, the tribunal viewed the motif as part of the public domain rather than a proprietary asset. Despite this setback on the main point, the company succeeded with its alternative legal argument. The court mandated that the intellectual property office conduct a new investigation into the concept of establishment through use. This legal principle examines whether a sign acquires distinctiveness through extensive and prolonged exposure in the marketplace. Specifically, the agency must determine if the intense and long term utilization of the stitching on the Swiss market has led consumers to associate the pattern exclusively with Levi Strauss products. The decision highlights the complex boundary between functional or decorative features and protectable trademarks in the fashion sector. While the court maintained that the basic shape belongs to the general pool of available designs, it acknowledged that historical usage could potentially alter its legal status. The focus now shifts to empirical evidence of consumer perception in Switzerland. Levi Strauss continues to operate from its headquarters in San Francisco while navigating these European regulatory hurdles. The outcome of the upcoming review will depend on data demonstrating how Swiss shoppers perceive the arcuate stitching relative to competing brands. If the institute finds sufficient evidence of acquired distinctiveness, the mark may proceed toward registration. Until that determination is made, the legal status of the stitching remains contested. The process underscores the rigorous standards required to protect design elements that have existed in the public eye for nearly two centuries.