Heart bread roll not distinctive enough, says EUIPO Board of Appeal

The EUIPO Board of Appeal has ruled that a 3D trade mark for a heart-based bread roll lacks distinctive character. The mark, registered by a German company, featured a heart drawn on top of a bread roll. The Board of Appeal stated that the mark does not deviate enough from the norm and customs of the sector to be considered distinctive. This decision highlights the challenges of protecting 3D signs as trade marks.



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