Shapes which give substantial value to the goods cannot be limited purely to artistic or ornamental characteristics
18-09-2014 Print this page
Concept ‘shape which results from the nature of the goods themselves’ does not only apply to signs which consist exclusively of shapes which are indispensable to the function of the goods in question, but also to signs which consists exclusively of the shape of a product with one or more essential characteristics which are inherent to the generic function or functions of that product and which consumers may be looking for in the products of competitors. Concept ‘shape which gives substantial value to the goods’ is not limited purely to the shape of products having only artistic or ornamental value, but also includes signs which consists exclusively of the shape of a product with several characteristics each of which may give that product substantial value. No refusal of registration where none of the three grounds is fully applicable.
IPPT20140918, CJEU, Hauck v Stokke
