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EU Court Gives Blessing to 3D Lipstick Trademark

A lipstick company prevailed Wednesday in its bid to register a three-dimensional trademark.

(CN) — Beauty giant Guerlain was improperly denied the chance to register its three-dimensional trademark with the European Union Intellectual Property Office, the European General Court ruled Wednesday.

Guerlain's design is in the shape of a lipstick container, but quite different from other trademarks on the market depicting lipsticks.

Regulators found the company's design lacked a “distinctive character” and therefore dismissed it. But the General Court disagreed, ruling that it “departs significantly from the norm and customs of the lipstick sector.”

The Luxembourg-based court said it found the 3D trademark uncommon for a lipstick and different from other brands on the market. The court noted that Guerlain's design looked like the hull of a boat hull or a baby carriage.

A copy of the decision is not yet available in English.

Courthouse News reporter Cain Burdeau is based in the European Union.
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Categories:Business, International, Media

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