Is the Eiffel Tower a (land)mark?

If asked to name an iconic building in Paris, no doubt the Eiffel Tower comes to mind.

The Eiffel Tower was built for the 1889 World Exposition held in Paris and originally intended as a temporary building. To prolong its lifespan, Gustave Eiffel placed a radio antenna at its top so that it also had a practical function. This ruse worked, and the local authorities decided that the tower could stay. The Eiffel Tower has become such an inseparable part of the city that it’s now impossible to imagine Paris without it.

There’s no doubt that the Eiffel Tower is a landmark – but is it also a trademark? It’s possible for a building to be a trademark. The Burj Al Arab in Dubai, for example, has been registered as a trademark and its brand name, logo and even its three-dimensional mark are protected. Another example is CAMP NOU, Barcelona stadium, whose brand name is registered in the EU.

The question of whether the Eiffel Tower also qualifies for trademark protection arose when the city of Paris filed an application for a logo in the European Union for use on printed matter, clothing and for events. This logo consisted of the contours of the Eiffel Tower and the words LA TOURE EIFFEL. But is this a distinctive trademark? Not according to the European Trademarks Office, who said that this sign represents the contents of products, such as a book about the Eiffel Tower. When the general public sees this logo, they will expect a book about the tower, but they will not see it as a trademark. The graphic depiction is insufficient to make it a distinctive trademark. There was an appeal hearing, but the European Trademarks Office could not be persuaded to change its mind.

So why has the Burj Al Arab trademark been accepted, but not the LA TOURE EIFFEL logo? This is probably all down to timing. At the time of the application, Burj Al Arab had not yet become an icon and the trademark was seen as a mark of origin. The Eiffel Tower is much older and has become world-renowned. Thus, a logo or mark containing the words and a graphic representation of the Eiffel Tower will no longer be seen as a trademark, but as a mark of origin. 

By the way, be careful when publishing nighttime photos of the Eiffel Tower as the organisation has claimed copyright on the design of the lights. It is therefore no longer allowed to publish photos of the Eiffel Tower at night without permission (apply for permission at https://www.toureiffel.paris/en/business/use-image-of-eiffel-tower).

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.