Submitted by Grupo Bimbo, S.A.B. de C.V. in July 2022, the
request for protection of a three-dimensional sign representing a
biscuit - a "flat, round biscuit, on the front of which 144
squares with their protuberances or reliefs are represented in
parallel and equidistant, surrounded by a thicker border with 33
oval rings, creating, as a whole, a characteristic and distinctive
shape" - was recently denied.
Vítor Palmela Fidalgo's analysis
explores key aspects of the Lisbon Court of Appeals'
examination of trademark protection for this case. It specifically
addresses considerations related to distinctiveness, notoriety,
aesthetic functionality, and substantial value, shedding light on
uncertainties in the field of trademark law.
