Judgment — ECLI:EU:C:2007:542
Date: 2007-09-20
Language of the case: Dutch
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Intellectual, industrial and commercial property;Approximation of laws
Concepts: Absolute grounds for refusal
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment Approximation of laws – Trade marks – Directive 89/104 – Registration of a trade mark refused or trade mark declared invalid – Sign constituted by the shape of the product giving substantial value to the product (Council Directive 89/104, Art. 3(1)(e) and (3)) The third indent of Article 3(1)(e) of Directive 89/104 to approximate the laws of the Member States relating to trade marks is to be interpreted as meaning that the shape of a product which gives substantial value to that product cannot constitute a trade mark under Article 3(3) of that directive where, prior to the application for registration, it acquired attractiveness as a result of its recognition as a distinctive sign following advertising campaigns presenting the specific characteristics of the product in question. (see para. 28, operative part)