November 2018. The baby’s head used by Nestlé as a logo on its packaging for Gerber infant nutrition is nothing more than the generic head of a baby, similar to what you’d see on lots of baby product packagings, and is not distinctive. There’s consequently no justification in giving this particular head European trademark protection. That’s the conclusion reached by the Board of Appeal of the European Trademark Office EUIPO at the beginning of August.

Registration refused for this Nestlé trademark

Not distinctive

Using recent examples, the BOA showed that its judgement was fully in line with current jurisprudence. The generic images shown below were also recently refused.

Other trademarks thrown out by EUIPO