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Werther’s Original Not Original Enough For 3D Trademark

Law360 (November 12, 2004, 12:00 AM EST) -- The European Court of Justice’s Court of First Instance has rejected a bid by August Storck KG to secure the European Union registration of trademarks for the shape of the candy brand Werther’s Original.

The company’s initial trademark authorization application was rejected by the E.U.’s Office for Harmonisation in the Internal Market, which said the marks lacked enough distinctive character to “distinguish the goods” from others.

On appeal, the Court of Justice upheld the lower court’s decision, rejecting the application because of lack of distinction....
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