Article: EUROPEAN UNION: Can a Shape Sign Be Described as a ‘Common Name’?

Kodiak Law & IP

Dec 6, 2023

The Article titled “Can a Shape Sign Be Described as a ‘Common Name’?” drafted by our partner Ayşen Kunt has been published in INTA Bulletin's Law & Practice.

The article reviews the decision of The Fifth Board of Appeal (BoA) of the European Union Intellectual Property Office (EUIPO) which upheld the Cancellation Division’s decision dismissing the revocation application filed against EU Trade Mark (EUTM) No. 394 338 of for a 3D shape sign based on Article 58(1)(b) of Regulation (EU) 2017/1001 (EUTMR), thus concluding the trademark has not become generic (case R 372/20235).

You may review the Article in English from here.