Judgment_paragraph 43 · Lego Juris A/S v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-48/09 P)

43In considering that complaint, it must be borne in mind that each of the grounds for refusal to register listed in Article 7(1) of Regulation No 40/94 must be interpreted in the light of the public interest underlying them (Henkel v OHIM, paragraph 45, and Case C-173/04 P Deutsche SiSi-Werke v OHIM [2006] ECR I-551, paragraph 59). The interest underlying Article 7(1)(e)(ii) of Regulation No 40/94 is to prevent trade mark law granting an undertaking a monopoly on technical solutions or functional characteristics of a product (see by analogy, with regard to the second indent of Article 3(1)(e) of Directive 89/104, Philips, paragraph 78, and Joined Cases C-53/01 to C-55/01 Linde and Others [2003] ECR I-3161, paragraph 72).