Figurative Mark For Flat Containers Refused For Confectionery

In affirming the EUIPO's decision to refuse the registration of a figurative mark for confectionery containers, the EU General Court has confirmed that the principles developed in the context of 3D trademarks are also applicable to 2D trademarks, as Valerie Annan explains.

Of the requirements for a European trademark (EUTM) to be registered at the European Union Intellectual Property Office (EUIPO), one of the most important can be found in article 7(1)(b) of the EU Trademark Regulation (EUTMR). It stipulates that a trademark will be refused if it lacks any distinctive character.In other words, if it is unable to identify and distinguish the relevant goods or services. To determine whether a sign has distinctive character, it is necessary to look at the overall impression of the trademark. However, this does not mean that individual elements of a mark should not be taken into account.