Cosmetics — everything from lipsticks and blush to
eyeshadow and mascara — are all about making their wearers
stand out. The same holds true for an effective trademark, meaning
a brand's success or failure depends on distinguishing itself
in a crowded field of competitors.
When Guerlain sought to do just that by attempting to register
the non-conventional shape of its lipstick cases as a trademark,
the company's efforts were met with skepticism by the European
Union Intellectual Property Office (EUIPO).
Guerlain appealed the EUIPO's dismissal of their
application, which ultimately resulted in the IP office's decision being
overturned by the EU's General Court. This allowed the French
cosmetics manufacturer's application to proceed to
registration, subject to the final parts of the administrative
process. Despite the outcome falling in favor of the company, this
intervention came almost two full years after the EUIPO's
initial rejection and about a year and a half
