Meet the authors of ‘Our Echo’: Eleonora Giuffrida | Trademark

Among the articles I have written, one of my favourites concerns the EUIPO decision on the registration of human faces as trademarks (see Newsletter No. 91, here). In short, the EUIPO Board of Appeal overturned the initial refusal to register the images of two well-known Dutch models as figurative marks and ruled that passport-type photographs can have distinctive character. In particular, the Board of Appeal argued that faces, with their distinct facial features and characteristics, can uniquely identify individuals and thus distinguish each person from others. This decision is quite groundbreaking in our industry as it pushes the traditional boundaries of what can be considered a trademark and challenges the assumption that human faces lack distinctiveness for trademark purposes. I chose this EUIPO decision because I believe it can be the starting point for an interesting debate about the implications of protecting a face – which is inherently personal and unique – as intellectual property. I find it fascinating how the legal framework is adapting to more modern forms of branding, especially for public figures, blurring the lines between personal identity and marketable assets.

What is your goal for the newsletter over the next 100 issues?

My aim is to continue to keep abreast of the latest legislative and case law developments and to share these with both our clients and anyone else with an interest in trade marks. Ultimately, my aim is (hopefully!) to provide clear and straightforward “nuggets of knowledge”, with the aim of providing a reliable, up-to-date and practical resource on trade mark law, reflecting on the possible real world implications of the latest trends and changes, and even just sparking a bit of curiosity about this fascinating area of law.