EU Court of Justice rules against referral to pre-determined percentages relating to the degree of recognition of the mark

With its decision rendered on 18 June 2014 (Joined Cases C-217/13 and C-218/13), the EU Court of Justice had the opportunity to clarify a set of crucial issues regarding the distinctive character of colour marks, in particular pertaining to: (i) the relevancy and scope of the possible referral to consumer surveys in the assessment of the mark’s distinctiveness acquired through use; (ii) the time when distinctive character must be proved to be existing in order to avoid a declaration of invalidity of the mark; and (iii) the party who has to bear the burden of proof with respect to the ascertainment of a distinctive character acquired through use.

The questions remitted to the EU court came from two pending German cases where a validity challenge was raised vis-à-vis a trademark consisting of a contourless red colour of a certain tone, registered for banking services by an established German bank…

Click on the link below to read the rest of the NCTM briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from NCTM

View more briefings from NCTM

Analysis from The Lawyer

Overview

Via Agnello 12
Milan
20121
Italy
http://www.nctm.it

Turnover (€m): 77.00
Jurisdiction: Italy