Crunching into Intellectual Property: Biscuits as Trade Mark?

Submitted by Grupo Bimbo, S.A.B. de C.V. in July 2022, the request for protection of a three-dimensional sign representing a biscuit - a “flat, round biscuit, on the front of which 144 squares with their protuberances or reliefs are represented in parallel and equidistant, surrounded by a thicker border with 33 oval rings, creating, as a whole, a characteristic and distinctive shape” - was recently denied.

Vítor Palmela Fidalgo's analysis explores key aspects of the Lisbon Court of Appeals' examination of trademark protection for this case. It specifically addresses considerations related to distinctiveness, notoriety, aesthetic functionality, and substantial value, shedding light on uncertainties in the field of trademark law.

Read the full article on Global Legal Group.