The General Court concluded that the public will perceive it as departing significantly from the norm and customs of the lipstick sector and as an indication of commercial origin. Therefore, the General Court ruled that this 3D trademark should be registered by the EUIPO.
3D marks are little known and seldom used or applied for, not only in Peru but also across the world. This may be because in order to be registered, they need to meet several requirements, which means that parties have less incentive to apply for them. This article looks at what 3D marks are, their registration requirements in Peru, and key Peruvian case law in this regard.