Dutch Supreme Court Refers Questions to CJEU on 'Substantial Value' and 'Nature of Goods' for 3D Marks

摘要

One of the still unresolved questions in trade mark law is under what circumstances a shape mark is ineligible for protection because it consists of a shape that gives substantial value to the products for which protection is sought. In 2012, the Dutch Supreme Court had referred to the Court of Justice of the European Union a case regarding a three-dimensional mark registered by Revillon for chocolate products in the shape of a vine branch, but that case (Case C-2/12) has since been removed from the register.