Despite the keys given by the European Court of Justice on May 6, 2003, most of the color shades applied for are, without specific circumstances, rejected for lack of distinctiveness or misrepresentation of the sign.
On April, 26, 2006, the Board of Appeal ruled that the orange shade of VEUVECLICQUOT did not have the distinctive character per se for beverages. However, our firm’s submissions made the Board consider that it had acquired distinctiveness through use in relation to champagne especially because consumers are really observant when buying a luxury beverage
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