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Aldi Strikes Again

Aldi Strikes Again

Background Early in 2020 (as the Covid-19 pandemic began), Thatchers launched its Cloudy Lemon Cider, which was also registered as a trade mark in the United Kingdom. The packaging of this canned beverage is shown below: Two years later, Aldi launched a similar cloudy...
Can an emoji be a trade mark?

Can an emoji be a trade mark?

The application was rejected by the Examiner under Article 7(1)(b) EUTMR which states:- The following shall not be registered: … (b) trade marks which are devoid of any distinctive character. The Examiner considered the mark would be recognised as an emoji...