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Wednesday, 22 June 2005


Next Thursday, the ECJ will be delivering its decison in the Eurocermex case. The question for the court to consider is the registrability as a Community trade mark of a sign which consists of a long-necked bottle, filled with yellow liquid and with a slice of lime wedged in the top. The applied for mark looks like this:

Brainier readers will have noticed that the slice of lime cannot be put in place by the manufacturer since it would go rather rotten. As IPKat master Jeremy Phillips has asked in a recent(ish) EIPR article, are such "self-service" marks, which rely on someone other than the mark-owner to complete them registrable?

The IPKat says, check back next Thursday for the answer.
For a copy of Jeremy's Eurocermex article, contact him here

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