Fabio Adinolfi discusses ECJ judgment in GRUR-Prax on the use of a 3D trademark preserving rights despite the addition of further elements

In issue 23/2022 of “GRUR-Prax – Gewerblicher Rechtsschutz und Urheberrecht, Praxis im Immaterialgüter- und Wettbewerbsrecht”, BOEHMERT & BOHEMERT attorney Fabio Adinolfi discusses the judgment T-273/21 of the ECJ of 26.10.2022 on the right-preserving use of a 3D trademark.

With its judgment, the court overturned the previous decisions of the Cancellation Division and the Board of Appeal of the EUIPO. It recognized the registered shape of the used shape of a baby bottle for sweets without deviations. Also, the application of colored word marks and other figurative and word elements on the surface of the bottle did not interfere with the recognizability by consumers of the 3D mark, which was registered in Class 30 in 1999 without color.

Read the full discussion of the ECJ ruling by Fabio Adinolfi in issue 23/2022 of GRUR-Praxis. Registered users of Beck-Online can download the article in German here.