The General Court has upheld two decisions of OHIM’s First Board of Appeal that two three dimensional trade marks were devoid of distinctive character, in respect of bags and handbags in Class 18. OHIM objected to both trade mark applications in their entirety, on the grounds that they lacked distinctive character for the goods for which they were filed. OHIM stated that the marks were merely representations of the products in question, and, from the average consumer’s perspective, they did not indicate the origin of the goods. The public would perceive the mark as the shape of a bag that can be bought on the high street, and not as unusual or particularly memorable.
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