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1.
Signs consisting of a technical solution, i.e. shapes that constitute a solution to a technical problem or marks that consist of the shape of the product in question, cannot be validly registered as a trade mark.
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2.
Here, the shape of the dragée container in question (Tic Tac box) does not constitute such a technical solution to a problem as the container could assume other shapes without prejudice to its functional purpose of containing and distributing dragées.
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3.
The functional shape of a product that does not have distinctive character for the relevant public may not be registered as a shape mark.
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Notes
Translator’s note: The original reads “c.p.c.”, which is the Code of Civil Procedure. However, this article is part of the Civil Code, as correctly cited twice later in the decision.
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Translated from the Italian by Gwyneth Little.
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Mocca spol. s.r.o. v. Ferrero S.p.A. Intellectual Property Code, Arts. 9, 20, 124, 126; Italian Royal Decree No. 929 of 1942, Art. 18; Civil Code, Arts. 2598, 2599. “Tic Tac Box”. IIC 55, 641–649 (2024). https://doi.org/10.1007/s40319-024-01451-x
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DOI: https://doi.org/10.1007/s40319-024-01451-x