International retailer Lidl has failed in its attempt to thwart shoe brand Crocs from trademarking the design of its shoes.

According to reports, Lidl, which operates in more than 26 countries, had attempted to cancel Crocs's registration and argued that the design of the shoe had been known for centuries.

In a cancellation attempt filed at the Office for Harmonization in the Internal Market (OHIM), Lidl said that the registration for the 3D design of the brand was not distinctive enough to warrant protection.

It added that it was a common design for sandals, clogs and beach shoes.

In response, Crocs said the shape of the shoe was distinctive because it departed "significantly" from a standard shoe shape.

OHIM agreed and said the shape of its shoes were distinct.

Lauren Somers, trademark attorney at law firm Harrison Goddard Foote (HGF), said it was unclear why Lidl had filed the cancellation action.

"I can only presume that they wished to sell a range of shoes or sandals which had the same or similar shape to the Crocs shoe shape and wished to clear the way for such use," Somers told Marketing Magazine.

Lidl will now have to pay the costs of the case. The decision can be appealed against.

Crocs and Lidl did not immediately respond to a request for comment.

(Source: WIPR)