Indistinct reindeer!

The EU General Court has confirmed that the shape of a chocolate rabbit, reindeer, mouse and small bell were all devoid of distinctive character under trade mark regulations. The criteria for assessing the distinctive character of three-dimensional trade marks consisting of the goods themselves was not different from other categories of trade mark. In each of these cases consumers would not be able to ascertain the commercial origin of the goods designated on the basis of the various elements making up the marks as they were typical shapes in which chocolate was presented at certain times of year.

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