In its trademark ruling concerning the Dior Lip Glow Oil bottle, the European Union Intellectual Property Office (EUIPO) partially denied protection to the luxury brand Christian Dior.
It clarified the requirements for trademark protection of high-end packaging designs by luxury brands and highlighted the limits of origin protection specifically within the luxury segment (EUIPO decision of October 30, 2025 – R 850/2025-4).
Procedural History of the Trademark Decision Regarding Dior's Lip Glow Oil
On September 4, 2024, Dior applied to the EUIPO for registration of a three-dimensional EU trademark for the trademark protection of the packaging bottle of its Lip Glow Oil. The Dior Lip Glow Oil bottle is rectangular, transparent, has a spherical, metallic cap, and bears the inscription Lip Glow Oil.
The luxury trademark application sought registration for perfumery, cosmetics, and makeup products. Dior applied to protect the product name Lip Glow Oil and the distinctive shape of the luxury product as trademark indications of origin.
Dior argued that the Lip Glow Oil bottle is recognizable and uniquely associated with the luxury brand and its exclusivity and quality. The particularly luxurious visual design of Dior products serves to differentiate them from other providers in the luxury market to a significant degree.
The EUIPO rejected the trademark application in its entirety on March 17, 2025. It held that the inscription Lip Glow Oil by the luxury brand Dior was purely descriptive, in violation of Article 7 (1) (c) of the EU Trademark Regulation (EUTMR).
The Office also cited a lack of distinctiveness, as required by Article 7 (1) (b) EUTMR. The bottle and the inscription, it argued, "fail to fulfill the essential function of a trademark, namely to distinguish the goods and services of an undertaking from those of its competitors."
Thus, it rejected the trademark registration for Dior's Lip Glow Oil bottle for both makeup and cosmetic products and perfumery products. The mark was deemed "descriptive in its entirety and lacking in distinctiveness."
On May 9, 2025, the luxury brand Dior filed an appeal against this trademark decision. The appeal was partially successful before the 4th Board of Appeal of the EUIPO.
Luxury Image and the History of the Christian Dior Fashion House
Christian Dior, the founder of the French fashion house Christian Dior, is one of the most renowned fashion designers of the 20th century. His career began in the art world when Dior, who came from a family of entrepreneurs, opened an art gallery.
His first and revolutionary haute couture collection in 1947 was praised by Carmel Snow, former editor-in-chief of the American edition of Harper’s Bazaar: “This is a revolution, dear Christian! Your clothes look so new!”
To this day, Christian Dior remains one of the most important and luxurious fashion houses in the world. Dior is known for its diverse and elegant fashion collections, its sophisticated and unique creations of exceptional quality and craftsmanship, and its creative directors such as Gianfranco Ferré, John Galliano, Raf Simons, and Maria Grazia Chiuri.
Chiuiri said about working with Dior: “I always had to keep in mind that all of this was happening under the conditions of a luxury brand and that I had to keep in mind both the quality and the craftsmanship that Dior stands for.”
Christian Dior's Lip Glow Oil as part of the Dior Addict product line
Dior’s first luxury perfume, Miss Dior, and its luxury makeup products have been established fixtures in the luxury perfume and makeup market for many years and, alongside fashion, are a significant part of the luxury brand.
For several years, Dior has offered the globally renowned Dior Addict line, which, under the creative direction of Francis Kurkdjian and Peter Philips, combines luxury, fashion, and beauty for its customers. The Lip Glow Oil products are an integral part of this line.
The Dior Addict product line is a range of luxury skincare products inspired by the spirit of the runway and haute couture. "It reflects the contemporary and glamorous aesthetic of the House of Dior and unites it with its timeless heritage," according to the House of Dior.
Trademark Law for Luxury Brands: Function and Protection
Luxury brands like Christian Dior utilize trademark law because brands and their carefully considered and strategic placement represent significant economic value.
Trademark law helps luxury brands create their unique and distinctive brand recognition and continually reinvent and enhance it. This is achieved, for example, through product brands such as the Dior Addict line or the LOVE collection from the luxury brand Cartier (more on this and the trademark dispute surrounding Cartier's LOVE-bracelet).
Especially in the luxury sector, it is not only crucial how and in which market environment luxury brands are positioned. The sustainable maintenance and safeguarding of the established luxury image through trademark law is also essential (more on the trademark protection of Hermès scarves when reused through upcycling).
With its origin function, trademark law ensures, among other things, that the origin of the luxury product is recognizable to consumers. For example, this protects buyers who value the craftsmanship and high-quality materials of a luxury brand from being confused with similar-looking products.
Trademark law, with its function of establishing origin, links products to the company behind them and creates recognition factors.
The absolute grounds for refusal of registration in Article 7 EUTMR negatively implement the trademark function of indicating origin and preclude trademark registrations that cannot fulfill this function. They are largely harmonized by the EUTMR.
EUIPO Decision on the Trademark Rights of the Dior Lip Glow Oil Bottle
The EUIPO granted only partial trademark protection for the Lip Glow Oil bottle.
Purely Descriptive Nature of the Designation Dior Lip Glow
The Board of Appeal of the EUIPO classified the imprint Lip Glow as purely descriptive with regard to the effect and properties of the luxury product. The inscription simply states, without any intermediate step, that the products "give the lips a certain shine."
Therefore, according to Article 7 (1) (c) EUTMR, there would be an absolute ground for refusal of registration, according to which the registration of a trademark is refused if it “consists exclusively of signs or indications which may, in trade, be used to designate the kind, quality, quantity, intended purpose, value, […] or any other characteristic of the goods or services”.
The Board of Appeal explained that a mark is considered descriptive in its entirety if its verbal elements are descriptive. The exception, namely that its pictorial elements distract the relevant public from the descriptive message conveyed by the verbal and pictorial elements, was not applicable.
Dior's appeal regarding the trademark application for its Lip Glow Oil perfume products was partially successful. The term Lip Glow was not purely descriptive for such products, as they were "not intended to give the lips a glossy sheen."
Lack of distinctiveness of the Dior Lip Glow Oil bottle
Furthermore, the EUIPO Board of Appeal partially rejected the registration of a trademark for Dior due to a lack of distinctiveness under Article 7 (1) (b) EUTMR.
The EUIPO emphasizes that, according to established case law, three-dimensional trademarks must exhibit a "significant departure" from the design conventions in the relevant industry.
Specifically, the court stated that the various design elements of the Dior Lip Glow Oil bottle correspond to what is typically used and common practice in the industry.
It rejected Dior's argument that the combination of the individual elements constitutes the visual identity of the luxury brand Dior. The luxury brand Dior had "not provided any evidence that the relevant public would perceive these elements in this case as something other than the simple packaging of the products."
Trademark Consumer Standard in the Luxury Sector
Dior argued that the bottle design acts as a brand ambassador, attracting attention, evoking emotions, and contributing to product recognition. This leads consumers to associate it with the luxury brand Dior.
However, the Chamber found that this heightened consumer attention in the luxury segment does not affect the existence of absolute grounds for refusal. The special perception in the luxury sector does not justify protection for signs that, as in this case, do not fulfill the function of indicating origin.
No binding effect of Dior's previous trademark registrations
The Chamber recently clarified that previous trademark registrations in favor of the luxury brand Dior have no bearing on the present decision.
It explains that the registration of a sign as a trademark depends on specific criteria applicable in each individual case, and it must be examined "whether the sign in question constitutes a ground for refusal of registration."
Can the luxury brand Dior acquire distinctiveness through intensive use of the Lip Glow Oil trademark?
Trademark law allows a mark that was initially ineligible for registration to be registered if, according to Article 7 (3) EUTMR, it has acquired distinctiveness "as a result of use."
For this to occur, it must be demonstrated "that the relevant public perceives a sign which in itself lacks distinctiveness as distinctive" (Conversely, trademark law also imposes a requirement of use).
As of January 2026, the question has been referred back to the EUIPO to determine whether the luxury brand Dior can provide sufficient evidence.
Résumé
In the luxury brand sector, a particularly creative and unique packaging design can still be a crucial factor in standing out in the market. The design process should already take into account the trademark requirements of recognizability and origin recognition to ensure the trademark registration has a chance of success.
"We do not share the EUIPO's view that the trademark registration of Dior's Lip Glow Oil bottle for cosmetics and makeup products should be denied. It is precisely because of the unique and creative packaging that the product line is so heavily imitated. Without trademark protection, consumers are at a disadvantage, as they receive imitations that appear luxurious but contain ingredients of inferior quality compared to the original and fail to deliver on the promises made by the packaging." Says dtb-lawyer and expert in art law, trademark law, and luxury brands Leon van Lee.
Status 21.01.2026