Lamipak wins before the general court of the European Union in 3D packaging shape trademark case

Lamipak announces that the General Court of the European Union ruled in favour of Lamipak in the case concerning the three-dimensional trade mark protection of an octagonal packaging container shape registered by Tetra Laval Holdings & Finance SA.

According to the operative part delivered in open court, the General Court annulled the decision of the EUIPO Board of Appeal dated 6 December 2024. The Court also altered the Board of Appeal’s ruling to the extent that Tetra Laval Holdings & Finance SA’s appeal against the decision of the EUIPO Cancellation Division dated 6 November 2023 is rejected.

The Court further ordered EUIPO to bear its own costs and Lamipak’s costs, while Tetra Laval Holdings & Finance SA shall bear its own costs.

The case concerns the boundary between three-dimensional shape trade mark protection and the functionality exclusion under European Union trade mark law. The central issue was whether the contested packaging shape should be protected as a trade mark or whether its essential characteristics are linked to technical results and therefore fall outside the scope of trade mark protection.

Lamipak argued that the contested packaging shape is not merely an indicator of commercial origin, but is closely connected to the technical performance of the packaging container, including material efficiency, volume optimisation, structural stability, handling, transport and the functioning of the container across the filling, sealing, stacking and supply chain process.

Lamipak welcomes the judgment. The company considers the decision an important clarification of the boundary between trade mark protection, functional product features and technical solutions previously addressed through patent protection.

A Lamipak spokesperson said, “We welcome today’s judgment of the General Court. This decision is important for clarifying the limits of three-dimensional shape trade mark protection under EU law. Lamipak respects intellectual property rights and believes that each form of IP protection should operate within its proper legal framework. Technical solutions should be protected, where appropriate, through the patent system for a limited term, while trade mark law should not be used to create potentially indefinite exclusive control over functional product shapes.”

The case is expected to be of interest to the packaging industry and to practitioners following the development of EU case law on shape marks, technical functionality and the relationship between trade mark and patent protection.

Lamipak will review the full judgment with its European legal advisers and assess the next procedural and commercial steps in accordance with applicable rules. The company will continue to monitor the judgment’s implications for three-dimensional shape marks, functionality exclusions and fair competition in the packaging sector.

Lamipak remains committed to innovation, compliance and fair competition, and will continue to provide high-quality, sustainable and competitive packaging solutions to customers worldwide.