CELEX: 62018CA0021
Language: en
Date: 2019-03-14 00:00:00
Title: Case C-21/18: Judgment of the Court (Fifth Chamber) of 14 March 2019 (request for a preliminary ruling from the Svea hovrätt — Sweden) — Textilis Ltd, Ozgur Keskin v Svenskt Tenn Aktiebolag (Reference for a preliminary ruling — EU trade mark — Concept of ‘shape’ — Shape giving substantial value to the goods — Two-dimensional mark — Figurative mark also constituting a work for the purpose of copyright — Regulation (EC) No 207/2009 — Article 7(1)(e)(iii) — Regulation (EU) 2015/2424)

6.5.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/12
            
         
      Judgment of the Court (Fifth Chamber) of 14 March 2019 (request for a preliminary ruling from the Svea hovrätt — Sweden) — Textilis Ltd, Ozgur Keskin v Svenskt Tenn Aktiebolag
      (Case C-21/18) (1)
      
      (Reference for a preliminary ruling - EU trade mark - Concept of ‘shape’ - Shape giving substantial value to the goods - Two-dimensional mark - Figurative mark also constituting a work for the purpose of copyright - Regulation (EC) No 207/2009 - Article 7(1)(e)(iii) - Regulation (EU) 2015/2424)
      (2019/C 155/15)
      Language of the case: Swedish
      
         Referring court
      
      Svea hovrätt
      
         Parties to the main proceedings
      
      
         Applicants: Textilis Ltd, Ozgur Keskin
      
         Defendant: Svenskt Tenn Aktiebolag
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 7(1)(e)(iii) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the [European Union] trade mark, as amended by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015, must be interpreted as meaning that it is not applicable to marks registered before the entry into force of Regulation No 207/2009, as amended by Regulation 2015/2424.
               
            
                  2.
               
               
                  Article 7(1)(e)(iii) of Regulation No 207/2009 must be interpreted as meaning that a sign such as that at issue in the main proceedings, consisting of two-dimensional decorative motifs, which are affixed to goods, such as fabric or paper, does not ‘consist exclusively of the shape’, within the meaning of that provision.
               
            
         (1)  OJ C 94, 12.3.2018.