Tomorrow's the day the European Court of Justice gives its decision in C-107/03 P Procter & Gamble v Office for Harmonisation in the Internal Market, on P&G's appeal against OHIM's and the Court of First Instance's refusal(see Case T-63/01) to allow registration as a Community trade mark of a pretty mundane soap shape.
The IPKat's bet: the appeal will be upheld, citing the ECJ's own lengthening jurisprudence on distinctive character as applied to alleged 3D marks. To find out if he's right, visit this site tomorrow.
Wednesday, 22 September 2004
Posted by Jeremy at 11:01:00