Mag Instrument Inc. v European Union Intellectual Property Office (C-136/02 P)

Judgment of 7 Oct 2004

law://eu/cjeu/2002/c-136-02/para_31@2026-11-14

31In those circumstances, the more closely the shape for which registration is sought resembles the shape most likely to be taken by the product in question, the greater the likelihood of the shape being devoid of any distinctive character for the purposes of Article 7(1)(b) of Regulation No 40/94. Only a mark which departs significantly from the norm or customs of the sector and thereby fulfils its essential function of indicating origin, is not devoid of any distinctive character for the purposes of that provision (see, to that effect, Henkel v OHIM, paragraph 39 and the case-law cited there).

Mag Instrument Inc. v European Union Intellectual Property Office (C-136/02 P)

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