Product’s Shape Distinctiveness as a Condition for the Registration of a Three-Dimensional European Union Trademark: Partially Approving Commentary on the Judgment of the General Court of the European Union of 14 July 2021 in Case T-488/20 Guerlain v European Union Intellectual Property Office (EUIPO) (OJ C 320, 28.9.2020)

The study is a partially approving commentary on the judgment of General Court European Union in case T-488/20 Guerlain v Intellectual Property Office (EUIPO) . issue was assessment distinctiveness sign applied for, comprising lipstick shape boat hull. In light its findings, referred to recognised criteria for assessment, such as, i.a., significant deviation design from accepted norms and customs given industry sector, including aesthetic value originality design, as well reference relevant public. However, lacked evidence secondary distinctiveness, an analysis aspect related functionality product protection market competition. came debatable conclusion that question atypical lipsticks differs significantly all other shapes consequently has feature inherent distinctiveness. This resulted certain liberalisation standards obtaining three-dimensional trademarks without word elements. sectors where diverse, new unusual variant product’s or packaging may, commented judgment, be protected EU trademark. will probably encourage entrepreneurs file applications signs. For doctrine law, interesting source inspiration discourse systemic role legal industrial designs.