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

• A position mark is distinctive when it deviates significantly from the sector’s customary practices or usages
• The average consumer does not usually assume the origin of goods based on the shape and/or position of a sign, in the

             absence of further graphic/textual elements

• Market customs, the existence of counterfeiters and previous EUIPO practice are irrelevant for the purpose of

             determining the distinctiveness of a position mark

This article first appeared in WTR Daily, part of World Trademark Review, in (05/2024). For further information, please go to www.worldtrademarkreview.com