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Guylian’s Box of Chocolates: Shape Trademarks and their Capacity to Distinguish

Issued: September 01 2009
Australia’s Federal Court has held that the seahorse shape is not capable of distinguishing Guylian’s chocolates and therefore should not be registered, reflecting the traditional reluctance of Australian courts to recognise the ability of non-traditional trademarks (such as shapes) to act as trademarks.


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