Freixenet, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-344/10 P, C-345/10 P)

Judgment of 20 Oct 2011

law://eu/cjeu/2010/c-344-10/para_48@2026-11-12

48That case-law, which was developed in relation to three-dimensional trade marks consisting of the appearance of the product itself or the packaging of goods, such as liquids, which are packaged in trade for reasons linked to the very nature of the product (see Deutsche SiSi-Werke v OHIM, paragraph 29, and Case C-144/06 P Henkel v OHIM, paragraph 38), also applies where, as in the present case, the trade mark for which registration is sought is an ‘other’ mark consisting of the specific appearance of the surface of the packaging of a liquid product. In such a case, the mark likewise does not consist of a sign that is independent of the appearance of the necessary packaging of the products it designates (see, to that effect, Storck v OHIM, paragraph 29).

Freixenet, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-344/10 P, C-345/10 P)

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