Guerlain Wins Appeal For EU TM On Unique Lipstick Shape

Law360, London (July 15, 2021, 4:57 PM BST) -- A European Union court ruled on Wednesday that luxury beauty house Guerlain can register a trademark for the three-dimensional shape of one of its lipstick offerings, saying it qualifies because of its "distinctive character."

The General Court annulled a June 2020 decision by an appeal board for the European Union Intellectual Property Office, which said the design wasn't that different from the typical lipstick shape and tossed the French cosmetic company's 2018 trademark application.

The General Court, however, held that Guerlain's proposed trademark shape was uncommon for a lipstick.

The shape "is reminiscent of that of a boat hull or bassinet,...

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