EUIPO rejects Dior’s bid to trademark lipstick and perfume bottle
Key takeaways
- The EUIPO has denied Dior’s appeal to trademark the shape of its transparent rectangular lipstick and perfume bottle.
- The board ruled the bottle design lacks “distinctive character.”
- Dior argued the packaging serves as a recognizable brand signature and helps fight counterfeiting.
Dior has failed to trademark its lipstick and perfume bottle after an appeal was denied by the European Union Intellectual Property Office (EUIPO). The request was rejected on the grounds that it lacks “distinctive character” and is a common shape for cosmetics and perfume packaging.
Last year, Dior filed a French and EU trademark application that attempted to trademark the 3D shape of a transparent rectangular cosmetic and perfume bottle, most notably used for Dior’s Addict lipstick line.
Following this, the EUIPO made a decision to refuse the trademark in March this year. In response, Dior filed an appeal in May, which was conclusively rejected by the EUIPO’s Fourth Board of Appeal in October.
Dior argues that the lipstick case is recognizable as a Dior signature. However, the EUIPO board states it found no evidence of consumer association. It also notes that clear bottles with metallic caps are common in the cosmetics and perfume industry.
The EUIPO’s statement says: “The object depicted in the application will be perceived merely as product packaging, since perfumes and other cosmetics are commonly sold in bottles. The bottle shown is a typical perfume bottle, and it is also common for a line of cosmetics coordinated with a perfume to be marketed in identical or very similar packaging.”
Dior also filed the trademark to combat counterfeiting, an increasingly prevalent problem in the personal care sector.
“Typical features”
In its trademark application, Dior analyzed other cosmetic and perfume bottles on the market, highlighting the differences from its clear rectangular packaging.
However, the Fourth Board of Appeal said that consumers do not engage in such analytical comparisons. “The examples cited, like the mark in question, are merely variants of common rectangular bottle shapes.”
The EUIPO’s statement continues: “The visual elements emphasized by Dior — such as the transparent case, mirror-effect grey top, vertical lines, spherical cap, and ringed base — are decorative and typical features in perfume bottle design.”
Emotional connection
Dior explains that its cosmetic and perfume bottles are distinct to consumers, highlighting that packaging can “captivate” consumers through the artistic appearance of the bottle.
“This visual appeal is a powerful emotional driver, creating an anticipatory link with the product,” asserts Dior.
However, the EUIPO stresses that Dior failed to demonstrate that consumers of the packaging would perceive the shape as an indicator of commercial origin.
