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Unpacking the S-shape Benelux mark invalidation

Patrick Wingrove, London


A Netherlands court has invalidated a shape mark for packing peanuts registered in 1994, once again illustrating the difficulty in obtaining and maintaining such registrations in Europe – even those that are old and well-established

In a ruling that emphasises the increasingly tough threshold for obtaining and keeping a European shape mark, a Netherlands court has invalidated the 1994 Benelux registration for the S-shape used for packing peanuts.

The Arnhem-Leeuwarden Court of Appeal ruled in...


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