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Mason Hayes & Curran LLP | European Union | 14 Aug 2023
EU General Court Upholds Refusal of 3D Bottle Shape Trade Mark
Contrary to the recent decision of the EUIPO Fifth Board of Appeal in holding that the shape of an Absolut vodka bottle is sufficiently distinctive…
Mason Hayes & Curran LLP | Germany | 26 Jun 2023
German Patent Court Invalidates 3D Trade Marks for Twisted String Cheese
In line with the case law of the European Courts on non-conventional trade marks, the German Patent Court has recently invalidated three national…
Mason Hayes & Curran LLP | Italy | 26 Jun 2023
Shape of the Tic Tac Box Enforceable as a Trade Mark
Further to our recent trade mark articles reporting on the shape of Absolut’s vodka bottle, Dior’s saddle shaped handbag and a confectionery product…
Wanhuida Intellectual Property | China | 8 May 2023
Protection of product shape in China: non-conventional approaches for non-traditional marks
Protecting the shape of a product or its packaging can be challenging in China despite the various legal routes open to brand owners. This article uses case law to examine two routes: registering the shape as a 3D trademark under the Trademark Law, or having the shape recognised as a commodity decoration or as packaging with certain influence under the Anti-Unfair Competition Law.
Gün + Partners | Turkey | 27 Feb 2023
The Bottega Veneta Bag lock Case: A Promising Development For The Enforcement of 3D Marks
Bottega Veneta filed a criminal action following the seizure of products bearing its 3D ‘bag lock’ mark in an Istanbul shop The Court of Cassation…
Venable LLP | USA | 17 Oct 2022
Trademarks and source identifiers in the metaverse: practical considerations for brand owners in newly emerging virtual marketplace
🕑 8 minutes Stakeholders must be cognisant of the fact that the use of source identifiers in the metaverse can affect currently registered trademark rights in the real world. This article discusses some factors that companies and stakeholders should consider as they create a new metaverse presence. It also presents some practical considerations to consider before modifying existing source......
MIIP MADE IN IP | France | 3 Oct 2022
Validity of 3D trademark: Ferrero thinks outside the box to protect Tic Tacs
This article examines a February 2022 decision from the Paris Court of Appeal concerning the validity of Ferrero's Tic Tac range, which has been on the market in France since 1971. After Ferrero won a trademark infringement suit against a Polish company, BMB, which had exhibited confectionery known as "Mik-Maki" at the 2016 Global Food Marketplace, BMB claimed that Ferrero's 3D trademarks......
RK Dewan & Co | USA | 6 Sep 2022
Shape of CHANEL NO.5 bottle is NOT DISTINCTIVE : USPTO
Chanel Limited is a French luxury brand created by Coco Chanel in 1910. In 100 plus years Chanel has created a goodwill for itself in ready-to-wear…
Wanhuida Intellectual Property | China | 8 Aug 2022
Beijing High Court's invalidity decision makes prosecution of 3D marks in China unclear
In December 2021, the Beijing High Court rescinded a decision to maintain the registration of a 3D mark, in line with guidelines issued by the Court in 2019. However, the Court's guidelines constituted a surprising divergence from its previous practice; the incoherent methodology adopted by the Beijing High Court and the China National Intellectual Property Administration could complicate the......
MIIP MADE IN IP | France | 4 Apr 2022
3D trademark misfires: Glock shoots too late and misses target
The Rennes Court of Appeal recently issued its decision in Nouvelle Europe' Arm SAS v Glock GmbH, which concerned the shape of the Glock pistol. As to trademark protection, the decision highlights the importance of registering rights at the start of a company's commercial project and, when protecting the shape of a product through trademark registration, ensuring that such shape presents......
