Record Details

<p><strong>Three Dimensional Trade marks in the European Union</strong></p>

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Authentication Code dc
 
Title Statement <p><strong>Three Dimensional Trade marks in the European Union</strong></p>
 
Added Entry - Uncontrolled Name Cook, Trevor ; WilmerHale 7 World Trade Center 250 Greenwich Street New York, NY 10007, USA
 
Uncontrolled Index Term 3D trademarks, shape marks, European Union, distinctive character
 
Summary, etc. <p>The registration of three dimensional trade marks for shapes is not uncommon in Europe.  However, most such marks are for specially shaped packaging such as perfume bottles.  Although such marks are not without their own difficulties shape marks in respect of the article itself or parts of it present much more difficulty, both in terms of registration and in resisting challenges to their validity.  There are two reasons for this.  The first is the difficulty in practice of showing that such marks are sufficiently distinctive, and the second is a set of provisions in EU trademark law that are specific to shape marks. Shape marks have always been a fertile source of case law but there has been even more activity than usual in 2014, with the Court of Justice considering for the first time certain aspects of those provisions that are specific to shape marks and with the General Court showing that despite the considerable hurdles that such marks can face they can sometimes proceed to grant and withstand third party challenge.</p> <p> </p>
 
Publication, Distribution, Etc. Journal of Intellectual Property Rights (JIPR)
2023-04-05 12:51:41
 
Electronic Location and Access application/pdf
application/pdf
http://op.niscair.res.in/index.php/JIPR/article/view/7555
 
Data Source Entry Journal of Intellectual Property Rights (JIPR); ##issue.vol## 19, ##issue.no## 6 (2014): Journal of Intellectual Property Rights
 
Language Note en