The recent European trademark application of Diesel is, however, not about Diesel Industries, nor about Diesel Industries’ position on the inner pocket. Diesel wants more, namely the exclusive right to use this tag on the inner pocket regardless of any text on it. See below the position mark filed by Diesel.
Whether this application will be succesful is the question. Generally speaking, position marks must be at least unusual. One of the best-known position marks is Levi’s red tab. In the Diesel case it is not a coloured tab, the image does not claim any colours.
Should this mark lead to registration, this trademark has to be in use 5 years after registration. This use must represent the trademark as registered. If the jeans with the tab are used only with Diesel Industries, the question will be whether the mark has been genuinely used. After all, the addition of Diesel Industries is not a subordinate element that can be ignored. All in all, this is a trademark application with interesting notes.