EUIPO Undistinguishable from the shapes of the same type of goods commonly found in trade – 5
The contested goods mainly target the general public, though they can also target specialised consumers with specific pr...
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EUIPO 
EUIPO Undistinguishable from the shapes of the same type of goods commonly found in trade – 4
The relevant public is deemed to be reasonably well informed and reasonably observant and circumspect. In this respect, ...
EUIPO Undistinguishable from the shapes of the same type of goods commonly found in trade – 3
It should be recalled that, according to settled case-law, novelty or originality are not relevant criteria for assessin...
EUIPO Undistinguishable from the shapes of the same type of goods commonly found in trade – 2
In those circumstances, only a mark which departs significantly from the norm or customs of the sector and thereby fulfi...
EUIPO Undistinguishable from the shapes of the same type of goods commonly found in trade – 1
The average consumer’s perception is not necessarily the same in relation to a three-dimensional mark consisting of the ...
USPTO Is Applicant’s Three-Dimensional Product Packaging Configuration Inherently Distinctive? – 2
The evidence establishes a “reasonable predicate” for finding that Applicant’s Mark is not inherently distinctive, and t...
USPTO Is Applicant’s Three-Dimensional Product Packaging Configuration Inherently Distinctive? – 1
We generally consider the following factors to determine whether an applicant’s product packaging is inherently distinct...
USPTO Despite 18 years of Sales, LED Configuration Lacks Acquired Distinctiveness
Applicant bears the burden of proving acquired distinctiveness. To show that a proposed mark has acquired distinctivenes...