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Trade Mark

Registration — Shape of goods — Three-dimensional mark — Concept of “distinctive character acquired through use” — Sign consisting of both shape resulting from nature of goods themselves and shape necessary to obtain technical result — Manufacturing process included in technical result — Whether registration precluded where shape of goods containing three essential features, one resulting from nature of goods and two necessary to obtain technical result

29 September 2015

Société des Produits Nestlé SA v Cadbury UK Ltd (Case C 215/14) EU:C:2015:604; [2015] WLR (D) 386

CJ: President of Chamber A Tizzano; Judges S Rodin, E Levits, M Berger, F Biltgen (Rapporteur); Advocate General M Wathelet:

16 September 2015

Article 3(1)(e)(ii) of Parliament and Council Directive 2008/95/EC, under which registration might be refused of signs consisting exclusively of the shape of goods which was necessary to obtain a technical result, referred only to the manner in which the goods at issue functioned and it did not apply to the manner in which the goods were manufactured. In order to obtain registration of a trade mark which had acquired a distinctive character following the use which had been made of it within the meaning of article 3(3) of Directive 2008/95, regardless of whether that use was as part of another registered trade mark or in conjunction with such a mark, the trade mar...

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