Distinctiveness of 3D Trade Marks
Darts-ip’s newest report examining the Distinctiveness of 3D Trademarks, is now available.
Three-dimensional trade marks consisting of product shapes or packaging are registrable in theory but often hard to obtain in practice. In the European Union, there have been many cases both in the European system and in national courts. Many of these applications are in the food, beverage, cosmetics/household products and pharmaceutical industries, and so it is worth analysing cases in these sectors in more detail. Doing so, we can detect tendencies in the chance of reversing an examiner’s refusal for registering a three-dimensional mark. One of those tendencies is that the EUIPO Board of Appeal, when compared to the Swedish Patentbesvärsrätten (appeal body of the Swedish examination decisions), seem less reluctant to reverse the refusal and at least partially accept the trade mark. Germany has a good reversal rate for trade marks covering the cosmetic, pharma and food industries.
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Notes to Editors:
Darts-ip is a worldwide data provider of intellectual property cases. Based in Brussels and privately held, Darts-ip is the largest known database of its kind, with unsurpassed coverage of all major jurisdictions in the EU and all other regions of the world. With over 3 million cases gathered from more than 3,000 courts worldwide, Darts-ip is the authority in IP cases data. It is used on a daily basis by leading law firms, corporate counsel, and courts alike. Darts-ip combines the efforts of machine learning and IP specialists to extract, compile and analyze, quantitatively and qualitatively, all available information in cases documents. This unique collection of information can be accessed through the Darts- ip case search web application and is also the basis for the production of statistical reports. Darts-ip has released a series of reports over the years on Patent litigation activity in different regions of the world.
About the Report:
© Donatienne Moreau and Ioanna Diakomichali. The authors are both legal coordinators at Darts-ip, the data on which this article is based is extracted from the Darts-ip case database.
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