Wim De Waele v European Union Intellectual Property Office (T-15/05)

Judgment of 31 May 2006

law://eu/cjeu/2005/t-15-05/para_15@2026-11-13

15The applicant further submits that it has already been held that the assessment of distinctive character of three-dimensional trade marks comprising the shape of the goods themselves is no different from that in respect of other categories of marks and that a Community trade mark is not necessarily a work of invention and is founded not on any element of originality or imagination, but on its ability to distinguish goods or services on the market from goods or services of the same type offered by competitors (Case T-135/99 Taurus-Film v OHIM (Cine Action) [2001] ECR II-379, paragraph 31; Case T-79/00 Rewe-Zentral v OHIM (LITE) [2002] ECR II-705, paragraph 30; and Shape of a bottle, paragraph 40).

Wim De Waele v European Union Intellectual Property Office (T-15/05)

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