August Storck KG v OHIM, Case C-25/05
Citation: August Storck KG v OHIM, Case C-25/05
Rule of thumb: If there is a new sweet/food-product with a distinctive design, can this be registered? Yes, but it is has to be clearly distinctive.
Judgment:
For a shape to be registered as a trade mark it has to be ‘sufficiently’ different from absolutely any other shape on the market. The facts of this case were that the shape of a sweet was rejected because even although it was different from the other shapes, it was not different enough, ‘It follows that the shape in question cannot be sufficiently distinguished from other shapes commonly used for sweets and that it does not enable the relevant public to distinguish immediately and with certainty the appellant’s sweets from those of another commercial origin’, para 29
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