Dior loses appeal to trademark iconic cosmetics bottle

FRANCE – Dior’s attempt to trademark the three-dimensional shape of its transparent rectangular lipstick and perfume bottle, characterized by a metallic spherical cap and ringed base, was definitively rejected by the European Union Intellectual Property Office (EUIPO). 

The Fourth Board of Appeal dismissed Dior’s appeal on October 30, 2025, confirming a lack of “distinctive character” under Article 7(1)(b) of the European Union Trade Mark Regulation (EUTMR).

The EUIPO held that Dior’s bottle shape does not significantly diverge from prevalent packaging designs in the cosmetics and perfume sector, describing it as a “common shape” rather than an identifier of commercial origin. 

The board noted that transparent bottles with metallic caps and decorative elements, such as the spherical top and ringed base, are typical in the industry, which diminishes the sign’s ability to serve as an indicator of source for consumers. 

Essentially, the shape is seen as product packaging rather than a trademark.

Dior argued that the bottle’s design carries artistic and emotional appeal, creating a strong brand signature, particularly associated with its Dior Addict line. 

It also claimed the trademark was essential to combat counterfeiting in a market where imitation products are rampant. 

However, the Board emphasized that consumer behaviour in this market does not generally include recognizing a brand based on packaging shape alone but relies primarily on brand names or logos printed on the products. 

The visual and decorative features cited by Dior were found to be customary rather than distinctive.

Although the inherent distinctiveness claim was rejected, the case was referred back to the examiner to review whether Dior can substantiate acquired distinctiveness under Article 7(3) EUTMR. 

To succeed, Dior must present compelling evidence that a significant portion of the EU consumer base has come to directly associate this bottle shape with Dior through extensive, consistent use in the market. 

Such proof could include marketing data, sales figures, survey results, and media mentions that demonstrate a real consumer connection to the packaging.​

This ruling reinforces the EUIPO’s stringent criteria for three-dimensional trademarks in the luxury cosmetics sector, underlining that packaging shapes, even when creatively designed, must be highly distinctive or strongly linked to the brand in consumers’ minds before being granted trademark status. 

The decision signals that brands should maintain rigorous documentation of market recognition to protect packaging shapes legally.

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