header-logo header-logo

Trade marks

11 April 2014
Issue: 7602 / Categories: Case law , Law digest , In Court
printer mail-detail

PI-Design AG and other companies v Yoshida Metal Industry Co Ltd C-337/12 P to C-340/12 P, [2014] All ER (D) 286 (Mar)

Pursuant to Art 4 of Council Regulation (EC) 40/94 (on the Community trade mark) (the Regulation), so far as Community trade marks were concerned, a sign representing the shape of a product fell among the signs which might constitute a trade mark provided that it was capable of being represented graphically and capable of distinguishing the products or services of one undertaking from those of other undertakings. It was also apparent from the case-law of the Court that each of the grounds for refusal of registration listed in Art 7(1) of the Regulation should be interpreted in the light of the public interest underlying that ground. In that context, the Court had had occasion to point out that Art 7(1)(e)(ii) of the Regulation was intended to prevent trade mark law granting an undertaking a monopoly on technical solutions or functional characteristics of a product. Further, the court had also had occasion to make clear that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

Bevan Brittan—Bethan Gladwyn

Bevan Brittan—Bethan Gladwyn

Housing management team expands with specialist partner hire

Ionic Legal—Tania D’Souza Culora

Ionic Legal—Tania D’Souza Culora

Brand protection and IP disputes expertise strengthened with partner hire

NEWS
In a special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
back-to-top-scroll