Judgment_paragraph 29 · Deutsche SiSi-Werke GmbH & Co. Betriebs KG v European Union Intellectual Property Office (C-173/04 P)

29With regard, in particular, to three-dimensional trade marks consisting of the packaging of goods, such as liquids, which are packaged in trade for reasons linked to the very nature of the product, the Court has held that they must enable average consumers of the goods in question, who are reasonably well informed and reasonably observant and circumspect, to distinguish the product concerned from those of other undertakings without conducting an analytical or comparative examination and without paying particular attention (see, to that effect, with regard to Article 3(1)(b) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), which provision is identical to Article 7(1)(b) of Regulation No 40/94, Case C-218/01 Henkel [2004] ECR I-1725, paragraph 53).

Deutsche SiSi-Werke GmbH & Co. Betriebs KG v European Union Intellectual Property Office (C-173/04 P)

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