Lamipak secures major EU Court victory in packaging trade mark dispute

LUXEMBOURG – Global packaging solutions provider Lamipak has won a significant legal battle before the General Court of the European Union, securing a ruling that clarifies the limits of trade mark protection for functional packaging designs.

The court ruled in favour of Lamipak in a dispute involving the three-dimensional trade mark registration of an octagonal packaging container shape owned by Tetra Laval Holdings & Finance SA, part of the Tetra Pak Group.

The judgment annulled a decision by the European Union Intellectual Property Office (EUIPO) Board of Appeal issued in December 2024 and rejected Tetra Laval’s appeal against an earlier EUIPO Cancellation Division decision.

In its ruling, the court ordered the EUIPO to bear its own legal costs as well as Lamipak’s costs, while Tetra Laval will bear its own expenses.

At the centre of the dispute was whether the packaging shape qualified for trade mark protection or whether its essential characteristics were functional and therefore excluded from such protection under European Union trade mark law.

Lamipak argued that the octagonal shape delivers technical and operational advantages rather than serving solely as an indicator of commercial origin.

According to the company, the design contributes to material efficiency, volume optimisation, structural stability, transport efficiency, handling performance and compatibility with filling, sealing and stacking processes throughout the supply chain.

The ruling is expected to attract considerable attention across the global packaging industry, where the distinction between intellectual property rights for product designs and technical innovations remains a critical issue.

“We welcome today’s judgment of the General Court,” a Lamipak spokesperson said.

“This decision is important for clarifying the limits of three-dimensional shape trade mark protection under EU law. Technical solutions should be protected, where appropriate, through the patent system for a limited term, while trade mark law should not be used to create potentially indefinite exclusive control over functional product shapes.”

Industry observers note that the decision reinforces a long-standing principle in European intellectual property law: functional product features should generally remain available for market competition once patent protection expires.

The victory marks another milestone for Lamipak as it continues expanding its presence in the global aseptic packaging sector.

In recent years, the company has strengthened its position through investments in sustainable packaging technologies, enhanced barrier materials and innovations aimed at improving recyclability and reducing environmental impact.

Lamipak has also expanded its production capabilities to meet growing demand for carton packaging solutions in Asia, Europe, the Middle East and Africa.

The company said it will review the full judgment with its European legal advisers before determining any further procedural or commercial actions.

It added that it remains committed to innovation, compliance, fair competition and the development of sustainable packaging solutions for the food and beverage industry worldwide.

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