On October 10, 2007, the European Court of First Instance ruled the Bang & Olufsen loudspeaker was distinctive as a three dimensional mark.
The Court considered the unusual shape, the striking design quality and the ease for the public to remember the said shape, which significantly departed from the customs of the market. Registration of product shapes as Community trademarks consequently needs a certain level of specific or original features to merit distinctiveness under an OHIM examination.
