HENKEL ECJ CASE

BY KEITH NUTHALLA GERMAN plastic packaging material manufacturer has won a case at the European Court of Justice (ECJ) enabling it to secure the European Union (EU)-wide registration of a diagrammatic trademark representing a bottle. Henkel KGaA, of Düsseldorf, was appealing against the refusal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) - OHIM - to register a three-dimensional symbol shaped as a translucent shampoo white bottle, standing upside-down. OHIM had refused its application, saying the mark was not distinctive ...


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