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EUIPO maintains 3D wine bottle registrations in unusual decision on distinctive character

September 12, 2024

Margherita Barié, along with Giulia Panigazzi, co-authored the article about the European Union, legal updates about case law analysis and intelligence

  • The EUIPO Cancellation Division held that black verbal elements on gold/pink wine bottles – particularly the word “SENSI” – were sufficient to make the 3D sign as a whole distinctive
  • Assessment of distinctiveness of a 3D mark must be based on the overall impression of the combination of the shape and the elements to which it extends, in relation to the goods in question, including verbal and/or figurative elements
  • The ruling indicates that when the size of the verbal element included in a 3D trademark is big enough to be clearly identified as distinctive and has a sufficient impact on the overall impression of the sign, it makes the 3D sign as a whole distinctive
This article first appeared in WTR Daily, part of World Trademark Review, in August 2024. For further information, please go to www.worldtrademarkreview.com
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