The three-dimensional EU trade mark in the shape of a lipstick has distintive character and can be registered

14-07-2021 Print this page

From the press release: "The General Court annuls the decision of EUIPO which dismissed Guerlain’s initial application. [...]


First, the General Court recalls that the assessment of whether it has distinctive character is not based on the originality or the lack of use of the mark applied for in the field to which the goods and services concerned belong. [...]


Second, according to the General Court, the fact that goods have a high-quality design does not necessarily mean that a mark consisting in the three-dimensional shape of those goods makes it possible for them to be distinguished from the goods of other undertakings. [...]


Third, whilst taking into account the images taken into consideration by the Board of Appeal as constituting the norm and customs of the sector concerned, the General Court finds that the shape in question is uncommon for a lipstick and differs from any other shape existing on the market. [...]"


Read the full press release here


T-488/20 - ECLI:EU:T:2021:443