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Cookie design invalidated by the IP Court

Portuguese IP Court Invalidates Cookie Design for Lack of Novelty
The Portuguese Intellectual Property Court has confirmed the invalidation of design no. 5345, a cookie design, after finding that it did not meet the required threshold of novelty. The ruling, published on 14 November 2025, provides a illustration of how novelty is assessed in design protection cases in Portugal.
Upholding the earlier PTO decision, the Court concluded that prior trademarks and earlier commercial disclosures depicting similar cookie designs left no room to claim novelty at the filing date.
This case is a timely reminder of the importance of thorough pre-filing clearance and careful monitoring of prior public disclosures, particularly in highly competitive product sectors.
Check out our report by Madalena Pacheco and Inês Cruz Teixeira for a deeper look at this court decision.

Full report here.