Three-dimensional brand: the distinctive character of the Guerlain lipstick tube
The Guerlain company filed a three-dimensional trade mark application with the European Office on September 17, 2018, in order to register as a trade mark the shape of the lipstick tube entitled "Rouge G de Guerlain", the representation of which is reproduced. below. This registration request was rejected by EUIPO on August 21 on the basis of Article 7, § 1, sub b) of Regulation (EU) 2017/1001 of June 14, 2017, on the grounds that the form of lipstick tube was not distinctive. Guerlain then appealed against this rejection decision on October 14, 2019 before the First Board of Appeal of EUIPO. On 2 June 2020, the latter confirmed the EUIPO's decision, citing the fact that the cylindrical shape of the lipstick tube in question was not clearly distinguishable from other products in the relevant market. It is from this decision that the General Court of the European Union was seized. mark_trimension ... Protecting the shape of a product as a three-dimensional mark Just as it...