CJEU excludes retroactive application of reformed language of Article 7(1)(e)(iii) of the EU Trade Mark Regulation and does (not) clarify what ‘another characteristic’ means
CJEU excludes retroactive application of reformed language of Article 7(1)(e)(iii) of the EU Trade Mark Regulation and does (not) clarify what ‘another characteristic’ means
In its judgment in Textilis Ltd and Ozgur Keskin v Svenskt Tenn Aktiebolag (‘Textilis’), the Court of Justice of the European Union (CJEU) found that the reformed language of the absolute ground for refusal concerning signs which consist exclusively of the “the shape, or another characteristic, which gives substantial value to the goods”: (1) is not applicable to trade marks registered before the entry into force of Regulation 207/2009, as amended by Regulation 2015/2424; and (2) does not apply to a sign that consists of two-dimensional decorative motifs affixed to goods.
trademarks, absolute grounds, substantial value, Textilis, CJEU
590–592
Rosati, Eleonora
bd04e7f8-e14b-4e43-975e-77bc5abaa8a4
Rosati, Eleonora
bd04e7f8-e14b-4e43-975e-77bc5abaa8a4
Rosati, Eleonora
(2019)
CJEU excludes retroactive application of reformed language of Article 7(1)(e)(iii) of the EU Trade Mark Regulation and does (not) clarify what ‘another characteristic’ means.
Journal of Intellectual Property Law and Practice, .
(doi:10.1093/jiplp/jpz088).
Abstract
In its judgment in Textilis Ltd and Ozgur Keskin v Svenskt Tenn Aktiebolag (‘Textilis’), the Court of Justice of the European Union (CJEU) found that the reformed language of the absolute ground for refusal concerning signs which consist exclusively of the “the shape, or another characteristic, which gives substantial value to the goods”: (1) is not applicable to trade marks registered before the entry into force of Regulation 207/2009, as amended by Regulation 2015/2424; and (2) does not apply to a sign that consists of two-dimensional decorative motifs affixed to goods.
Text
CI_Textilis
- Accepted Manuscript
More information
Accepted/In Press date: 31 May 2019
e-pub ahead of print date: 6 July 2019
Keywords:
trademarks, absolute grounds, substantial value, Textilis, CJEU
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Local EPrints ID: 431546
URI: http://eprints.soton.ac.uk/id/eprint/431546
PURE UUID: bc46acca-00b7-4440-9ffa-0b39c4c6f054
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Date deposited: 07 Jun 2019 16:30
Last modified: 16 Mar 2024 07:54
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Author:
Eleonora Rosati
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