Preliminary questions about distinctive character

Print this page 22-07-2019

Case C-456/19: Aktiebolaget Östgötatrafiken. Prejudiciële Svea Hovrätt - Sweden.


Trade Mark Law. Preliminary reference on the interpretation of Article 4(1)(b) of Directive 2015/2436 of the European Parliament and of the Council of 16 December 2015


Preliminary questions:

1. Must Article 4(1)(b) of the Trade Marks Directive be interpreted as meaning that, in the case of an application for registration of a trade mark which designates services and where the application relates to a sign, placed in a particular position, which covers large areas of the physical objects used to perform the services, it must be assesses wheter the mark is not independent of the appearance of the objects concerned?

2. [Or 12] if question I is answered in the affirmative, is it necessary for the trade mark to depart significantly from the norm or customs of the economic sector concerned in order for the mark to be regarded as having distinctive character?


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