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Jun 14, 2017
Manon Alexandre, Inlex IP Expertise, France
Sabrina Florindo, Inlex IP Expertise, France

Three and two-dimensional trademarks: They are fighting...


Manon Alexandre, Inlex IP Expertise, France, Sabrina Florindo, Inlex IP Expertise, FranceThe Seventh Chamber of the Court of Justice of the European Union recalled, on May 4, 2017, in the decision AUGUST STORCK KG vs. EUIPO (C-417/16P), that precedents regarding criteria for assessing the distinctive character of three-dimensional trademarks consisting of the shape of the product itself, also apply in respect of device trademarks consisting of the two-dimensional representation of the product.
On August 1, 2013, AUGUST STORCK KG filed an international trademark application designating the European Union consisting in a figurative sign representing a square-shaped packaging, with a white wave over blue font and grey edges, for goods in class 30. On August 14, 2013, the European Office, considering that the sign at stake was not sufficiently distinctive, issued a provisional total refusal of protection. This decision was upheld by the Examination Division. Then, the Board of Appeal also considered that  read more