Grenade as a shape mark for a drink, unconventional trademarks,

A special packaging is often enables a manufacturer to distinguish himself from the competition. Most of the times, however, a shape cannot be registered as a trademark. The authorities usually refuse to register a trademark because the consumer will not see it as a sign of origin. An exception is sometimes made if the shape of a product is distinctly different from what is customary.

A fine example of this is the packaging of a new supplement, meant for burning fat, in the shape of a grenade. The trademark has been applied for by the English company Grenade. The trademark has already been accepted. OHIM appears to be more liberal than national trademark authorities in accepting this mark. The Victor & Rolf Spicebom perfume (also in the shape of a grenade) was previously prohibited in Denmark because it would be contrary to public order and good taste.

trademarks



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PURE - MENTOS

MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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