Legal Practice

EU Case Law Guidelines on Registering Three-Dimensional (Shape) EUTM in the Light of the Trademark Reform

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2023-10-06
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Vigh, B. (2023). EU Case Law Guidelines on Registering Three-Dimensional (Shape) EUTM in the Light of the Trademark Reform. Pro Futuro, 13(1), 128-142. https://doi.org/10.26521/profuturo/2023/1/13346
Abstract

The case-law developed by the European Court of Justice aims to ensure consistency and legal certainty in the registration of EU three-dimensional trademarks. It interacts closely with the legislative amendments introduced by the trademark reform, which aim to make the registration procedure for EU trademarks more flexible and transparent, thanks to the European Court of Justice's work in interpreting and developing the law. The problem of the definition and registration procedure of three-dimensional marks is an important issue in EU trademark case law, as this category of marks is the most popular of the non-traditional marks for which the trademark reform provides a legal framework, but also overlaps with other forms of intellectual property protection.