🔸 The answer is YES! In 2018, Rouge G de Guerlain (“the Applicant”) applied to register a 3D sign represented above for “lipsticks” in Class 3. The European Union Intellectual Property Office (“EUIPO”) refused the application on the ground that the design lack of distinctiveness and the appeal was unsuccessful and that the 3D sign was a mere variation on the shapes of lipstick cases normally available on the market. The Applicant later appealed to the European General Court and it was held that although a cylinder-shaped lipstick case is common but the Applicant’s shape is unusual for a lipstick in that it reminds one of a boat hull or a baby carriage and that the public viewed the Applicant’s design as unusual and innovating. As such, the EUIPO was incorrect in saying that the design lack of distinctiveness.