Herewith an interesting update on our earlier post about the EU application of a three-dimensional heart-shaped apple.
At the time we already knew that a heart shaped tomato could not be registered in the EU as a design. But what about 3D-marks?
We now know the answer: the application of the apple has been refused. And although we do not know the arguments of the OHIM for rejecting this application, this apple is quite distinctive and significantly different from other apples. So the distinctiveness is probably not the show-stopper.
On the other hand, everybody will buy the apple because of its shape. So, we assume that the OHIM is of the opinion that the shape adds significant value to the product. An additional requirement to 3D marks which probably led to this refusal.