Food for thought

A post which probably makes your stomach growl, namely one about cookies and candies.

The cookie (see below) has been registered as a European design. The cookie consisted of a top with chocolate dots, the inside was made of of liquid chocolate. Sounds great! What followed is the registration of this design, it is up to third parties to contest the registration on the ground of lack of novelty or absence of individual character. And this happened  as the confectionery Melba filed the cancellation action based on absence of individual character as they already made a cookie with chocolate dots and liquid chocolate inside. And now, the European Court of First Instance confirms a former decision that the cookies are alike and that the design registration should be cancelled.

The good news is that a cookie seems to be a valid design registration (this has not been questioned by the court). However, the inside does not play a role as it does not concern a outer appearance.

Well, then try filing a candy (with the inside) as a 3D mark. But this no option either,the 3D mark (left) has been refused for the most important products. According to the European trademark the shape is far from unusual for these products.

T-494-12-1

Arnaud Bos

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