In agreement with the Cancellation Division, the BoA considered that the contested trademark was registered in breach of Art. 7(1)(e)(ii) of EU Regulation no. 207/2009 as it consists exclusively of a shape that is necessary in order to obtain a technical result.

The EU General Court (Case T-553/21) has ruled on the issue of trademark revocation and clarified what elements a trademark owner must provide to prove genuine use.

The Supreme Court disputes the assessment of the absence of distinctive character made by the Court of Appeal: "Its statement that the shapes of the Kelly and Birkin bags are "standardised" is apodictic, as it does not explain the reasons for the lack of original and acquired distinctive character".

Although iconic, for the EUIPO the shape of Dior's “Saddle Bag” does not deviate sufficiently from the industry standard to have original distinctiveness

it is often difficult to obtain the registration and judicial protection for 3D trademarks corresponding to the shape of the relevant product. Here are some of the most recent and well-known decisions on the matter issued by the Italian courts.