Brands Update — March 2014: perfume fails to attract attention

Emma Himsworth QC, sitting as an appointed person, has dismissed an appeal by Beauté Prestige International against a hearing officer’s decision refusing protection for a three-dimensional mark for toiletries.

The hearing officer refused the mark on the basis that it would not be identified as an indicator of origin without first educating the public to that effect. While the hearing officer agreed with the applicant’s submission that, in the perfumes and toiletries sector, special attention is often paid to bottle shapes and that consumers can look for such shapes to determine trade origin, for a bottle shape to function independently as a trademark in such a way it must be capable of doing so without the aid of more obvious trademark material such as logos, word marks and/or figurative signs…

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