CJEU on genuine use of a three-dimensional trade mark on which a word mark has been affixed

Print this page 04-02-2019
IPPT20190123, CJEU, Klement v EUIPO

Trade Mark Law. General Court implicitly held that trade mark in question has a high degree of distinctiveness solely because of its unusual shape, even though that shape is to some extent functional. Trade mark in question has been put to genuine use even though the word mark “Bullerjan” is affixed to the goods. The fact that the word mark “Bullerjan” can facilitate the commercial origin of the respective furnaces does not conflict with the fact that the word mark does not alter the distinctive character of the three-dimensional trade mark consisting of the shape of the goods. In the event that the court of first instance finds that the mark in question departs significantly from the norm or customs of the sector, it is not up to the trade mark proprietor to provide further evidence that the shape of the trade mark is not customary in the sector concerned, but to the person who claims that the trade mark has not been put to genuine use.

 

IPPT20190123, CJEU, Klement v EUIPO

 

C-698/17 P - ECLI:EU:C:2019:48