The Voivodeship Administrative Court in its judgment of 3 November 2006 case file VI SA/Wa 693/06 held that a dimensional trade mark (3D), which is an exact reproduction of the packaging is not distinctive, and thus cannot be registered.

This case concerned the refusal to grant the right of protection for International trade mark IR-405177 owned by Ferrero, S.p. A. from Alba.

Categories: absolute grounds for refusal | Art. 4 TMA | distinctive character | non-traditional trade marks | Polish Act on Trade marks | product packaging | trade mark refusal | trademark law | Voivodeship Administrative Court.