08/02/2022
The General Court of the European Union has cancelled the decision of the European Union Intellectual Property Office (EUIPO), which had dismissed Guerlain’s initial application to register a three-dimensional mark for the shape of one of its lipsticks.
The court observed that the shape of the lipstick, which is reminiscent of that of “a boat hull” or a “baby carriage” differs significantly from the norm and customs of the lipstick sector. It also deemed that the “small oval embossed shape is unusual and contributes to the uncommon appearance” of the Guerlain’s lipstick. Furthermore, the fact that the lipstick cannot be placed upright “reinforces the uncommon visual aspect of its shape.”
