Judgment_paragraph 32 · Hauck GmbH & Co. KG v Stokke A/S and Others (C-205/13)

32Indeed, the concept of a ‘shape which gives substantial value to the goods’ cannot be limited purely to the shape of products having only artistic or ornamental value, as there is otherwise a risk that products which have essential functional characteristics as well as a significant aesthetic element will not be covered. In that case, the right conferred by the trade mark on its proprietor would grant that proprietor a monopoly on the essential characteristics of such products, which would not allow the objective of that ground for refusal to be fully realised.

Hauck GmbH & Co. KG v Stokke A/S and Others (C-205/13)

Key facts

History · 1 version

Connections