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CJEU rules innovative products alone do not make marks distinctive

Patrick Wingrove, London


Triggerballs’ failed attempt to register a 3D mark for its massage ball follows a growing trend of reluctance for EU courts to grant trade mark rights in shapes

The Court of Justice of the European Union ruled on May 16 that a trade mark does not have distinctive character because the product it covers is innovative.

The eighth chamber of the court dismissed an appeal brought by German-based...


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