What's Happening?
The EUIPO's 4th Board of Appeal has upheld a refusal to register a rectangular cosmetic bottle shape filed by Parfums Christian Dior. The decision, made on October 30, 2025, found that the design does not significantly depart from common packaging norms
in the cosmetics sector. Dior argued that the combination of features such as the rectangular silhouette, translucent casing, mirror effect, and metal cap forms a recognizable visual identity. However, the Board rejected these points, noting that Dior had not provided evidence showing the public associates the packaging with its brand. The appeal was dismissed, but the matter has been sent back to the EUIPO for examination of Dior's alternative claim that the shape has acquired distinctiveness through use.
Why It's Important?
This decision highlights the challenges luxury brands face in protecting their packaging designs as trademarks. The ruling could impact Dior's ability to combat counterfeits and maintain brand identity, which is crucial in the competitive cosmetics market. The outcome may influence other brands in the industry regarding how they approach trademark protection for packaging. If Dior's alternative claim is successful, it could set a precedent for acquiring distinctiveness through use, potentially affecting trademark strategies across the sector.
What's Next?
The EUIPO will examine Dior's alternative claim that the packaging shape has acquired distinctiveness through use. This process will determine whether Dior can secure trademark protection based on consumer recognition. The decision could lead to further legal challenges or adjustments in Dior's branding strategy. Other luxury brands may closely monitor the outcome to inform their own trademark applications and protection strategies.
