On the assessment of distinctive character of a 3D mark


American society LOOPS L.L.C. tried, unsuccessfully, to obtain registration of the three-dimensional mark below, for toothbrushes in class 21. 

 

 

This application was refused on the ground that the mark was immediately recognized as a toothbrush insofar as it is ‘composed of a ‘head’, on which stood the brush, connected to a   ‘neck’ that ended with a ‘handle’ that the user would take to handle the toothbrush ‘and it does not depart significantly from the shape that consumers expect for a toothbrush (TEU 14 June 2016 T385 / 15, Loops LLC / EUIPO).

 

Publication date : June 2016

 

Contacts : Marion LAPERRIERE and Béatrice DAUBIN

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