Guerlain’s Registration of its 3D Shape Mark for Lipstick

NautaDutilh and Lavoix advised Guerlain on the deal.

NautaDutilh obtains victory for Guerlain’s registration of its iconic 3D shape mark for lipstick
Deal or case news14-07-2021
NautaDutilh has successfully represented Guerlain, the French luxury company belonging to LVMH, in appeal proceedings before the General Court of the EU (case T-488/20) against a refusal by the European Union Intellectual Property Office (EUIPO) to register Guerlain’s iconic 3D shape mark for lipstick. 

On 14 July 2021, the General Court of the EU annulled the decision of EUIPO – which dismissed Guerlain’s initial application – and confirmed that the mark applied for has distinctive character because it departs significantly from the norm and customs of the lipstick sector. 

The favourable outcome allows Guerlain to register its 3D shape mark for lipstick and also helps protect 3D marks for cosmetic products in the EU in general.

NautaDutilh’s team consisted of Tanguy de Haan (Picture) and Philippe Péters.

Involved fees earner: Tanguy de Haan – NautaDutilh; Philippe Péters – NautaDutilh;

Law Firms: NautaDutilh;

Clients: Guerlain SA;

Author: Federica Tiefenthaler