Design as shape mark

The European court ruled as to whether the shape of speakers of the Beolab series from B&O (Bang & Olufsen) could qualify to be registered as a shape mark (judgement of October 6, 2011).

In this case according to the judge the design of the speakers reflects a very special design that increases the attractiveness of the product. Therefore the design can not be accepted for registration as a shape mark. In this case the shape of the goods is held to be an important criterion for consumers when purchasing the goods.

Accordingly, the form can not function as a trademark. The court held that registration by the European trademark office was rightly refused.

Under Dutch law the shape of the speakers can, however, still be protected under design rights or copyrights. Besides, also protection against slavish imitation would be availaible under Dutch law. The B&O speakers undeniably occupy their  own distinctive place in the market.

publicatiedatum: Friday, October 28, 2011