NautaDutilh has successfully represented Guerlain, the French luxury company belonging to LVMH, in appeal proceedings before the General Court of the EU (case T-488/20) against a refusal by the European Union Intellectual Property Office (EUIPO) to register Guerlain's iconic 3D shape mark for lipstick.
On 14 July 2021, the General Court of the EU annulled the decision of EUIPO - which dismissed Guerlain's initial application - and confirmed that the mark applied for has distinctive character because it departs significantly from the norm and customs of the lipstick sector.
The favourable outcome allows Guerlain to register its 3D shape mark for lipstick and also helps protect 3D marks for cosmetic products in the EU in general.
NautaDutilh's team consisted of Tanguy de Haan and Philippe Péters. NautaDutilh's IP team worked alongside Lavoix, who assisted Guerlain before the EUIPO bodies.
The official press release from the General Court of the EU is available here.