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06-14-2017
Manon Alexandre, Inlex IP Expertise, France
Sabrina Florindo, Inlex IP Expertise, France
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Three and two-dimensional trademarks: They are fighting...


Manon Alexandre, Inlex IP Expertise, France, Sabrina Florindo, Inlex IP Expertise, FranceThe Seventh Chamber of the Court of Justice of the European Union recalled, on May 4, 2017, in the decision AUGUST STORCK KG vs. EUIPO (C-417/16P), that precedents regarding criteria for assessing the distinctive character of three-dimensional trademarks consisting of the shape of the product itself, also apply in respect of device trademarks consisting of the two-dimensional representation of the product.
On August 1, 2013, AUGUST STORCK KG filed an international trademark application designating the European Union consisting in a figurative sign representing a square-shaped packaging, with a white wave over blue font and grey edges, for goods in class 30. On August 14, 2013, the European Office, considering that the sign at stake was not sufficiently distinctive, issued a provisional total refusal of protection. This decision was upheld by the Examination Division. Then, the Board of Appeal also considered that
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Inlex IP Expertise



Mr Franck Soutoul

Mr Franck Soutoul
5, Rue Feydeau
75002 Paris
France (FR)
Tel +33 (0) 1 5659 7090
Fax +33 (0) 1 5659 7091
fsoutoul@inlex.com
www.inlex.com

INLEX IP Expertise is an Intellectual Property law firm specialized in the validation, protection, defense and valorization of projects for the creation of trademarks, designs, copyrights and commercial and marketing concepts.
Created in 1995 by Franck Soutoul and Eric Schahl, the firm employs 75 people and is now present in Europe - France (7 agencies), Monaco and Africa (3 agencies : Morocco, Cameroon & Mauritius).

Being registered representatives in France, Monaco, OAPI, the European Union (EUIPO) and in the World Intellectual Property Organization (WIPO) we are entitled to act at the international level and our network of the trusted experts enable us to carry out the following actions:
- Trademark availability searches
- Registration and renewal of trademarks, designs and domain names
- Monitoring of trademarks, designs, domain names, websites and references in search engines
- Opposition to the registration
- Administrative complaints
- Seizure procedures in infringement cases.