The IP Section of the Court of Milan ruled on the age-old issue of the assessment of the descriptive character of a trademark and in particular the coincidence of the trade mark with a characteristic of the product.

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

The EU General Court clarified that in relation to marks consisting of signs that are used as trade slogans, the registration is not precluded by reason of such use as long as those marks are suitable for assuring consumers of the origin of the goods or services they designate.

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.