In an action for infringement of a 3D trade mark, decision 585/2010 of the Athens Multimember Court of First Instance defined the conditions under which a 3D trademark depicting the product that it distinguishes has distinctive character. The court accepted that the plaintiff's filled rolled wafer in the shape of a cigar was innovative, since wafers had previously been flat and without a filling. For this reason, the court found that a three-dimensional trade mark depicting the product has distinctive character.