The shape which gives substantial value to the goods. The shape of goods which is necessary to obtain a technical result, or The shape which results from the nature of the goods themselves, or The following shall not be registered or if registered shall be liable to be declared invalid: The Court of Justice of the European Union has provided clarification regarding the interpretation of the grounds in Articles 3(1)(e)(i) and (iii) of the Trade Marks Directive which preclude the registration as trade marks of signs which consist exclusively of the shape which ‘results from the nature of the goods themselves’ or the shape which ‘gives substantial value to the goods’.Īrticle 3(1)(e) of Council Directive 89/104 on Trade Marks (subsequently repealed and re-enacted) provides:

Journal of Intellectual Property Law & Practice (2014) doi: 10.1093/jiplp/jpu226, first published online: December 23, 2014 Hauck GmbH & Co KG v Stokke A/S and others, Case C-205/13, EU:C:2014:2233, Court of Justice of the European Union, 18 September 2014 Author: Jonty Warner (King & Wood Mallesons)

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