Adding substantial value to shapes – why this absolute ground should be abolished

By Anders Poulsen

The difficulties of protecting shapes and product designs as three-dimensional trademarks have been widely chronicled. However, the latest changes to the EU Community Trademark Regulation only extend the existing uncertainty with regard to absolute grounds for refusal

The difficulties of protecting shapes and product designs as three-dimensional (3D) trademarks are widely known and have been confirmed in numerous decisions from the European Court of Justice (ECJ), which has adopted a strict interpretation of the absolute grounds for refusal set out in Article 7 of the EU Community Trademark Regulation (2015/2424).

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Issue 72