Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 17.9.2005 | EN | Official Journal of the European Union | C 229/3 |

---

JUDGMENT OF THE COURT

(Second Chamber)

of 7 July 2005

in Case C-353/03 (Reference for a preliminary ruling Court of Appeal): Société des produits Nestlé SA v Mars UK Ltd[(1)](#ntr1-C_2005229EN.01000301-E0001)

(Trade marks - Directive 89/104/EEC - Absence of distinctive character - Distinctive character acquired through use - Use as part of or in conjunction with a registered trade mark)

(2005/C 229/05)

Language of the case: English

In Case C-353/03, reference for a preliminary ruling under Article 234 EC, by the Court of Appeal (England and Wales) (Civil Division) (United Kingdom), made by Decision of 25 July 2003, received at the Court on 18 August 2003, in the proceedings between Société des produits Nestlé SA and Mars UK Ltd, the Court: (Second Chamber) composed of C. W. A. Timmermans, President of the Chamber, R. Silva de Lapuerta, C. Gulmann (Rapporteur), P. Kūris and G. Arestis, Judges; J. Kokott, Advocate General, L. Hewlett, Principal Administrator for the Registrar, gave a judgment on 7 July 2005, the operative part of which is as follows:

The distinctive character of a mark referred to in Article 3(3) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks may be acquired in consequence of the use of that mark as part of or in conjunction with a registered trade mark.

---

[Top](#document1)