(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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