COURTHOUSE News Service (courthousenews.com) reports that beauty giant Guerlain applied with the European Union Intellectual Property Office (EUIPO) for the registration of a three-dimensional (“3D”) lipstick as a trademark. The said 3D lipstick looked like a baby carriage or the hull of a boat. The EUIPO denied the application on the ground that it lacks distinctive character. Guerlain appealed to the European General Court.
The Court ruled this week that the 3D lipstick is registrable as a trademark as it “departs significantly from the norm and customs of the lipstick sector.”
The Guerlain lipstick container, which is shaped like a baby carriage or a boat hull, is dissimilar to the other trademarks depicting lipsticks.