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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
TUESDAY, 26 NOVEMBER 2013
Voss fights to save 3D bottle registration
Case T-178/11 Voss of Norway ASA v OHIM, Nordic Spirit AB, has been appealed to the Court of Justice of the European Union (CJEU) and will now be known as Case C-445/13 P.  The appeal is lodged against the decision of the General Court to uphold the decision of an OHIM Board of Appeal to declare invalid the registration of the three-dimensional Community trade mark depicted on the right. The Board had concluded, among other things, that 

"...the shape of the bottle in question does not depart significantly from the shape of other containers used for alcoholic or non‑alcoholic beverages within the European Union and is a mere variant thereof .... [T]he shape in question is a perfect cylinder, ... the vast majority of bottles to be found on the market have a cylindrical section, and ... consumers naturally expect cylindrical shapes for bottles of alcoholic or non‑alcoholic beverages, even if they are also aware of the existence of non-cylindrical bottles. Regarding the lack of a narrow neck, which, according to the applicant, distinguishes its bottle from other commercially available bottles, ... this amounts to a variant of the existing shapes and cannot be regarded as a significant divergence. ... it is not even certain from the contested trade mark’s representation that the bottle has no neck, since the cap is not transparent .... [T]he applicant is wrong to claim that a distinctive feature of its bottle is its non-transparent cylindrical cap – this... is hardly distinctive, given that many bottles are sealed with caps which are of a different material and colour from their bodies .... Lastly, ... the shape in question has already appeared on the market in the past, although it was abandoned ..."
Posted by: Blog Administrator @ 23.00
Tags: CJEU appeal, cancellation,
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