38Since Article 3(1)(e) of Directive 2008/95 is a preliminary obstacle that may prevent a sign consisting exclusively of the shape of goods from being registered, it follows that if one of the three criteria listed in that provision is satisfied, that sign cannot be registered as a trade mark (see, to that effect, judgments in Philips, C‑299/99, EU:C:2002:377, paragraph 76, and Linde and Others, C‑53/01 to C‑55/01, EU:C:2003:206, paragraph 44).
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