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CJ4JX4FZVCC523YA2TMALSKFLGVIRWY6YSUY64YTILJ5ZLCGTKZ3A5YLKMJWWMUU355UNZWAKOJCOA remarkable trademark registration: the shape of a cookie. The cookie looks delicious, but you will agree that this is not a legal requirement. In fact, if the attractiveness of the product is determined by the shape, this could be a reason to refuse the 3D mark. But more often the distinctive character is the problem: the shape must differ significantly from shapes that already exist.

However, the cookie is now registered. Is the shape so distinctive? For cookies certainly not. This also resulted in a refusal by the European Trademarks Office (OHIM). The application was, however, not only submitted for cookies but also for cultural services. And for these services the 3D mark was found to be distinctive. Although we do not directly see a practical application of the trademark, the trademark owner might turn out to be inventive: a giant cookie-shaped theater for example?

Arnaud Bos

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