CELEX: 62017CN0578
Language: en
Date: 2017-10-03 00:00:00
Title: Case C-578/17: Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 3 October 2017 — Oy Hartwall Ab

201711170241555872017/C 412/285782017CJC41220171204EN01ENINFO_JUDICIAL20171003181922Case C-578/17: Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 3 October 2017 — Oy Hartwall Ab
 ---documentbreak--- C4122017EN1820120171003EN0028182192Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 3 October 2017 — Oy Hartwall Ab
   (Case C-578/17)2017/C 412/28Language of the case: Finnish
      Referring court
   
   Korkein hallinto-oikeus
   
      Parties to the main proceedings
   
   
      Applicant: Oy Hartwall Ab
   
      Other interested parties: Patentti- ja rekisterihallitus
   
      Questions referred
   
   
            1.
         
         
            For the interpretation of Article 2 of Directive 2008/95/EC (
                  1
               ) and the condition relating to the distinctive character of a trade mark within the meaning of Article 3(1)(b) thereof, is it of relevance whether the trade mark is to be registered as a figurative mark or a colour mark?
         
      
            2.
         
         
            If the classification of the mark as a colour mark or figurative mark is of importance in the assessment of its distinctive character, is the mark, regardless of its representation as an image, to be registered as a colour mark in accordance with the trade mark application, or can it be registered only as a figurative mark?
         
      
            3.
         
         
            If it is possible to register, as a colour mark, a mark represented in the form of a drawing in the trade mark application, is it necessary for the registration as a colour mark of a mark which has been graphically illustrated in the trade mark application with the accuracy required by the case-law of the Court of Justice relating to colour marks (and which is not the registration as a mark of a colour in itself, abstract, without shape or contours), is it necessary to submit in addition solid evidence of use as required by the Patentti- ja rekisterihallitus or any such evidence?
         
      (
         1
      )	OJ 2008 L 299, p. 25.