A form of lipstick can be a brand, rules European justice in favor of Guerlain

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Jul 14, 2021

The General Court of the European Union ruled on Wednesday in favor of the Guerlain brand (LVMH group) which wanted to protect a stick shape of lipstick with an appearance reminiscent of “a boat hull”.

Guerlain

The prestigious French cosmetics brand, whose origins date back to 1828, in September 2020 filed an appeal against the refusal by the European Union Intellectual Property Office (EUIPO) to protect the “oblong, conical and cylindrical shape. “of this beauty product against any imitation.

Unlike EUIPO, the Court “considers that the mark applied for has a distinctive character because it diverges significantly from the norm and habits of the lipstick sector”, he said in a press release.

The General Court considers that “this shape is reminiscent of that of a boat hull or a bassinet”, and “differs significantly from the images taken into consideration by the Board of Appeal and which represented, for the most part, lipsticks of shapes cylindrical and parallelepiped “.

In addition, “the presence of the small oval relief shape is unusual and contributes to the unusual appearance of the mark applied for. Finally, the fact that the lipstick represented by this mark cannot be positioned vertically reinforces the ‘unusual visual appearance of its form,’ according to the same source.

“Consequently, the Court considers that the relevant public will be surprised by this easily memorized form (…) Consequently, the mark applied for has a distinctive character allowing it to be registered”, concludes the European court.

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