The EU General Court has upheld a decision invalidating Boehringer Ingelheim’s 3D trademark for its HandiHaler inhaler, ruling that the mark consists of a functional shape and includes technically indispensable elements of the product. Therefore, no single businessman can claim exclusivity over the shape, as it would impede others to use the technical solution.
The dispute began when Glenmark Pharmaceuticals sought to cancel the trademark in 2019. The EU Intellectual Property Office found it invalid in 2021, and this decision was later upheld by the Board of Appeal. The General Court confirmed that the inhaler’s key components—the container, lid, mouthpiece, and button—were essential to its function.
This ruling underscores the importance of securing trademark rights for elements that are distinctive and capable of exclusive ownership by a businessman, ensuring they do not serve a purely functional purpose.
