The European Court of Justice will be judge the criterias of the individual products
The European Court of Justice decided that chocolate can be individual, if different from the norms of the industry. According to the decision, the form of Bounty's chocolate slice cannot be registered as a community trade mark.
In April, 2003 the Community Trade Mark Office registered the form of three-dimensional slices of Bounty's chocolate slice as a community trade mark. In October 2007, the Community Trade Mark Office removed the question mark from the registers, on the reason that it does not possess the requisite distinctive character because it looks it does not look like significantly different from the norms of the sector. Mars Inc., producer of Bounty brought an action against the decision of the European Court of First Instance. Since then, the Court of First Instance dismissed the action of Mars – reports Privátbankár.hu.
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