Accueil / Distinctiveness

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Bag shape

On October 21, 2008, the European Court of First Instance stated that the shape of a trapezoidal bag topped with two handles was not distinctive as a 3D trademark. It was regarded as directly evocative of the representation of a typical contemporary bag and therefore improper to affect the memory of consumers and indicate a…

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New step for past commented decision

On November 12, 2008, the CFI confirmed the partial cancellation of the Lego brick for construction toys. The Court regarded as pointless the addition of non-essential characteristics having no technical function. The objective appreciation excludes perception through the sole target consumer. At this stage, the fighting margin of LEGO was limited to law considerations but…

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Smooth French distinctiveness

On May 23, 2008, a French Court of First Instance regarded SPORT NUTRITION CENTER as distinctive for health foods. Even if “NUTRITION” could be considered as descriptive, the judge considered the mark as an arbitrary combination of words for such products. This decision shows that a combination of descriptive words may be distinctive depending on…

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A bitter foie gras

The owner of a 3D trademark represented in the form of a cylindrical foie gras lollipop sued Fauchon for infringement by their made of foie gras half balls on a stick. On June 25, 2008, the Paris Court of Appeal regarded the earlier mark as distinctive but exonerated Fauchon on the basis of the specific…

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Blind Test

On May 16, 2008, tthe Paris Court of Appeal considered the marks BLIND TEST as distinctive in respect of “discs, games, phonographic records”. For the judge, the proofs submitted were not sufficient to consistently establish that this expression was commonly used in the French language at the date of filing. The appreciation of the distinctiveness…

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