Decision of the Third Board of Appeal of 3 March 2008 in Case R 0211/2007-3
Par Benjamin Martin-Tardivat le jeudi 29 mai 2008, 08:16 - Design law - Lien permanent

The contested design lacked individual character because it produced the same
overall impression on the informed user as a Burberry handbag published in
various Burberry catalogues and in a newspaper.

The publication of a CTM application for the Burberry check as a figurative
trade mark had also destroyed the individual character of the contested
design.
The two-dimensional nature of the trade mark did not mean that it produced a different overall impression from a three-dimensional object (such as a handbag) which incorporates the Burberry check.