The Voivodeship Administrative Court in Warsaw decided that the shape of a yogurt package should not be granted trademark protection as it is a purely technical feature and its dual container has a functional significance only. Furthermore, the acquired distinctiveness should not be considered when the mark (despite the undeniable long-term presence on the market and the established consumer recognition) performs mainly practical functions.
Eight-year long trademark dispute over a yogurt package
The judgement of the Voivodeship Administrative Court in Warsaw (the “Court”) follows from a long-standing trademark dispute between Bakoma and Compagnie Gervais Danone (“Danone”), two of the largest food producers selling yogurts and other dairy products in Poland.
Danone owns the international trademark registration IR.700040, covering goods from Nice Classification class 5, 29, 30, and 32. In 2010, Bakoma filed an invalidation request against Danone’s registration with the Polish Patent Office (“PPO”). Bakoma challenged the registration with respect to goods from class 29 and 30, i.e. dairy products.
Read the full article in The Trademark Lawyer here.