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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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Life in General Court is like a box of chocolates

In case T-440/13 "Millano" Krzysztof Kotas had applied for the following 3D mark  for Class 30 “box of chocolates”

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OHIM and the General Court rejected the mark because it does not significantly diverge from the norms of the sector.
As the Board of Appeal noted, it is common knowledge that the simplified geometric forms are generally used as forms for chocolate products and, therefore, the cubes/squares that are a feature of the mark do not diverge significantly from the norm or customs of the sector. Regarding the element which represents a mould or a tin,  the Board of Appeal rightly found that it is a usual mode of presentation of a set number of chocolate squares and the presentation of chocolates in a medium with extruded hollow to accommodate them, in three parallel rows of six chocolates, was mundane and ordinary. In its overall assessment of the mark, the Board of Appeal correctly concluded the lack of distinctiveness.

Therefore, the applied for CTM lacks distinctive character according to Article 7 (1) b) CTMR and the applicant did not bring forward any evidence to the contrary, for example that no other chocolates producers make boxes with such shape for their goods. 

Posted by: Laetitia Lagarde @ 11.01
Tags: general court, absolute grounds, box, chocolates,
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