On 28 May 2020 the General Court rendered its most recent ruling regarding enhanced protection of trade marks with a reputation (T-677/18; available in French and Spanish). Two issues are of particular interest in this judgment. First, how to prove reputation, as well as distinctiveness, of a mark consisting of the shape of the product…

CJEU’s recent preliminary ruling in Gömböc Case C-237/19 highlights assessment criteria regarding the registrability of shapes of goods as trademarks. The shape of the Gömböc was refused trademark protection in Hungary because the sign allegedly consisted ‘exclusively of the shape of goods which is necessary to obtain a technical result’ (in respect of toys) and…

With decision C-783/18 P of 12 December 2019, the CJEU upheld the GC decision (Case T 313/17) that a three-dimensional trademark consisting of a shape of an amphora was distinctive enough to be granted registration. In our earlier comment (see here), we had voiced some doubts about the GC’s conclusion. Also in view of the…

Traditionally, ‘gömböc’ has been the name of a kind of Hungarian food specialty, also called ‘disznósajt’ (‘pork-cheese’), similar to the Scottish haggis: pig’s stomach filled with leftovers. In a folk tale, the gömböc devours the members of an entire family one after the other, until the youngest son slits it open from the inside with…

In a recent case from the Swedish Patent and Market Court, the court dismissed Dalecarlia Chocolates AB’s (Dalecarlia) infringement claim of their EU and Swedish 3D marks in relation to chocolate, candy and confectionery (class 30). The 3D marks, depicted below, are formed as a Dala horse – a traditional, wooden horse statue originating from…

The Danish Parliament, Folketinget, passed a new Danish Trademark Act (TMA) on 20 November 2018. The TMA implements the harmonisation of the relevant EU directive (Directive (EU) 2015/2436 of 16 December 2015). The new TMA will implement a number of changes, including: It becomes optional whether or not to have earlier rights cited during the…

Sometimes cases are not really that interesting for their outcome, but rather for how the Courts get there. In this case, Wajos GmbH filed a 3D mark consisting of a glass container, shown below, designating various goods in classes 29, 30, 32 and 33. The EUIPO’s examination division and Board of Appeal (BOA) held that…

This case is about the genuine use of shape marks. M J Quinlan & Associates PTY Ltd. of Australia own a 1999 registration for the shape of a kangaroo. The mark is protected for potato snacks and potato crisps. The plaintiff owns or owned a patent and design rights to the kangaroo-shaped crisps which were…

On the 21 March 2018 the Danish Board of Appeal (“The Board”) delivered its decision regarding the trademark protection of the shape of the following potato snack (decision no. AN 2017 00006): The snack originates from the famous snack brand Kims which is owned by Orkla Confectionary & Snack Danmark A/S (“Orkla”). In the decision…