IP analysis: The Court of Justice has dismissed an appeal by Birkenstock Sales Gmbh (Birkenstock) regarding a figurative international mark comprising crisscrossing wavy lines in a square which Birkenstock sought to register in the EU. The court held that there had been no error in the General Court’s conclusion that the mark was devoid of any distinctive character on the grounds that it was indissociable from the appearance of the goods and that it had been correct to apply the relevant case law in that respect.
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