Bag shape

On October 21, 2008, the European Court of First Instance stated that the shape of a trapezoidal bag topped with two handles was not distinctive as a 3D trademark.

It was regarded as directly evocative of the representation of a typical contemporary bag and therefore improper to affect the memory of consumers and indicate a commercial origin.

Under EU practice, shapes of product have to move away at quite a high level for usual representation of the products involved to mature into trademark registration.

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