Koninklijke Philips Electronics NV v Remington Consumer Products Ltd (C-299/99)

Judgment of 18 Jun 2002

law://eu/cjeu/1999/c-299-99/para_65@2026-11-13

65In the light of those considerations, the answer to the third question must be that, where a trader has been the only supplier of particular goods to the market, extensive use of a sign which consists of the shape of those goods may be sufficient to give the sign a distinctive character for the purposes of Article 3(3) of the Directive in circumstances where, as a result of that use, a substantial proportion of the relevant class of persons associates that shape with that trader and no other undertaking or believes that goods of that shape come from that trader. However, it is for the national court to verify that the circumstances in which the requirement under that provision is satisfied are shown to exist on the basis of specific and reliable data, that the presumed expectations of an average consumer of the category of goods or services in question, who is reasonably well-informed and reasonably observant and circumspect, are taken into account and that the identification, by the relevant class of persons, of the product as originating from a given undertaking is as a result of the use of the mark as a trade mark.

Koninklijke Philips Electronics NV v Remington Consumer Products Ltd (C-299/99)

Key facts

History · 1 version

Connections