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Luxury fashion house Christian Dior (“Dior”) has lost an appeal to register the shape of its Saddle Bag as a trade mark in the European Union. Dior filed an application back in March 2021 to register the shape of the handbag for use in connection with various leather goods as a three-dimensional trade mark. The EUIPO examiner refused to register part of the mark on the grounds the shape lacks distinctiveness and would be regarded as “typical” when used on handbags. The mark was able to move forward in respect of other goods. Dior appealed the decision to the Board of Appeal in January 2022, claiming the handbag shape is a “significant departure from the norm or customs of the sector.” Dior argued the examiner failed to properly identify the relevant consumer at issue and further ascertained a brief internet search would make it clear the shape of the bag is distinct. The Board of Appeal ruled on 07 September that the examiner was right to refuse the registration for lack of distinctive character relating to handbags. The Board confirmed the remaining elements of the application could proceed to registration. This isn’t the first rejection Dior has faced over the registration of the Saddle Bag. Dior abandoned a similar registration in the USA after the United States Patent and Trade Mark Office had reservations over the mark. If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com. in: Case Law, Companies, Consumer Law, EU/International, Legal News, News, Trade Marks

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