EU Court Denies Trade-mark Protection for Product Shape

Although MAGLITE brand flashlights have been on display in museums and have been won international design awards, the EU Office for Harmonisation in the Internal Market (OHIM) refused to register trade-marks for the MAGLITE flashlight design on the basis that the designs were devoid of distinctive character. This decision has been recently upheld by the European Court of Justice. In order for the OHIM to consider a shape registerable, the shape must display features sufficiently different from the usual shape of similar goods so that a potential purchaser would perceive it primarily as an indication of the origin of the goods and not simply as a representation of the goods themselves. In its decision, the European Court of Justice ruled that attractive design, even if recognized internationally, did not automatically result in the goods being inherently distinctive for trade-mark purposes. The shape of the flashlight merely gave an indication of the nature of the product. For a copy of the decision of the European Court of Justice, see: http://makeashorterlink.com/?B4C521DB9. For more information about the OHIM, visit: http://oami.eu.int/en/default.htm. Summary by: Sue Diaz