Eva
Last 25 October the European Court of Justice rejected the appeal filed by Develey, a German Company producing and selling sauces, mayonnaises and ketchups (i.e. Mc Donald is one of Develey’s client) all over the world. Develey filed an EU TM application for the shape of a specific plastic bottle (see the photo). The same TM was previously validated in Germany. At EU level, the application was denied. The CoJ stressed the fact that the EU TM system is indipendent from each EU country TM system. Furthermore, The Court assessed that the average consumer is not used to recognise the origin of the product from its shape, but from its label. Therefore it is not easy for a tri-dimensional trademark to be considered valid. In this case, the Court of Justice rejected Develey’s appeal stating that its tri-dimensional TM lacks of distinctiveness.
(IP Faber enforces protection of your products’ shape. Contact us)
