On 1 June 2012, BOEHMERT & BOEHMERT partner and trademark expert Dr Florian Schwab makes a guest contribution to the magazine LebensmittelZeitung entitled “Only one of many” (Nur einer unter anderen). Here, he looks at the decision of the European Court of Justice (ECJ) in relation to the EU-wide trademark protection for the Lindt chocolate bunny. Registration of the golden bunny with the red ribbon as 3D community mark was rejected by the Court as not capable of registration. Dr Florian Schwab comments: “The judgement shows, generally it is difficult for a product shape as such to find original trademark protection at EU level. The bunny shape cannot claim trademark protection. The judgement of the ECJ is also significant for its restrictive tendency in respect of the community trademark.” Those subscribing to LebensmittelZeitung can see the entire article here.
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