Date of decision: 31.01.18

Reg 207/2009

Application

  • pharmaceutical preparations for the treatment of dementia of the Alzheimer's type (5) 

Commentary

The GC upheld the BoA's finding that the mark was invalid for consisting exclusively of the shape of the product necessary to obtain a technical result pursuant to Art 7(1)(e)(ii). 

An overall assessment of the mark was not necessary as all the essential characteristics of the mark served a technical result.

The BoA was correct to find that the square shape of the liner had a technical function by facilitating the packaging and storage of the transdermal patches in rectangular cardboard boxes, the overlapping protective plastic layer allowed easy application to the body and the circular shape served to avoid detachment. It was not shown that the knobs around the circular area were decorative or imaginative but rather merely followed the functional shape of the patch.

Furthermore, the BoA was correct to find that the circular beige colour could not be an essential characteristic.