General Court rules that Guerlain’s shape of Rouge G lipstick enjoys trade mark protection

Giulia Maienza

Journal of Intellectual Property Law and Practice, 2021, vol. 16, issue 10, 1030-1032

Abstract: Guerlain v European Union Intellectual Property Office (EUIPO), T-488/20, EU:T:2021:443The General Court (‘GC’) has overturned the EUIPO and Board of Appeal decisions, ruling that the shape of a lipstick may be registered as a 3D trade mark insofar as it represents a memorable shape that will be perceived by the relevant public as one that departs significantly from the norms and customs of the cosmetics sector. In its analysis of the distinctive character of the sign, the GC did not take into account the originality of the shape nor the high-quality design or its successful aesthetic appeal. It instead considered the range of different shapes of lipsticks available on the market and focused on the objective and uncommon visual effect of the Guerlain’s shape on the relevant public.

Date: 2021
References: Add references at CitEc
Citations:

Downloads: (external link)
http://hdl.handle.net/10.1093/jiplp/jpab137 (application/pdf)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oup:jiplap:v:16:y:2021:i:10:p:1030-1032.

Access Statistics for this article

Journal of Intellectual Property Law and Practice is currently edited by Eleonora Rosati, Stefano Barazza and Marius Schneider

More articles in Journal of Intellectual Property Law and Practice from Oxford University Press
Bibliographic data for series maintained by Oxford University Press ().