![]() Inter alia, it may be represented graphically in a way that is clear, precise, self-contained, easily accessible, intelligible, durableĪnd objective. Of Article 3(1)(b) and (3) of First Directive 89/104 relating to trade marks, provided that, Per se, not spatially delimited, may, in respect of certain goods and services, have a distinctive character within the meaning Wording of the provision in question and therefore has no legal scope. Purpose of interpreting a provision of that directive where no reference is made to the content of that declaration in the A declaration recorded in the minutes of the Council on the occasion of the adoption of a directive cannot be used for the Provided that it is a sign which is capable of graphic representation and of distinguishing the goods or services of one undertakingįrom those of other undertakings. Per se is capable of constituting a trade mark within the meaning of Article 2 of First Directive 89/104 relating to trade marks #Cover orange level 141 registrationApproximation of laws – Trade marks – Directive 89/104 – Where registration of a trade mark may be refused or the trade mark declared invalid – Trade mark devoid of distinctive character – Determination whether a trade mark has a distinctive character – Examination by reference to the actual situation, including use made of the mark Of colours – Account taken of the number of goods or services for which registration applied forĩ. Approximation of laws – Trade marks – Directive 89/104 – Where registration of a trade mark may be refused or the trade mark declared invalid – Trade mark devoid of distinctive character – Determination whether a colour has a distinctive character and the public interest in not unduly restricting the availability ![]() Approximation of laws – Trade marks – Directive 89/104 – Where registration of a trade mark may be refused or the trade mark declared invalid – Trade mark devoid of distinctive character – Recognition of distinctive character of a colour per se – ConditionsĨ. Approximation of laws – Trade marks – Directive 89/104 – Where registration of a trade mark may be refused or the trade mark declared invalid – Trade mark devoid of distinctive character – Recognition of distinctive character of a colour per se – Acquisition through useħ. Approximation of laws – Trade marks – Directive 89/104 – Where registration of a trade mark may be refused or the trade mark declared invalid – Trade mark devoid of distinctive character – Determination whether a colour per se has a distinctive character – Account taken of the public interest in not unduly restricting the availability of coloursĦ. ![]() Approximation of laws – Trade marks – Directive 89/104 – Registration of a new trade mark – Examination of a sign by the competent authority – Need for a thorough examinationĥ. Approximation of laws – Trade marks – Directive 89/104 – Where registration of a trade mark may be refused or the trade mark declared invalid – Trade mark devoid of distinctive character – Possibility that a colour per se may be distinctive – Conditions Community law – Interpretation – Directives – Statement of the Council entered in its minutes – Whether to be taken into consideration – Not permissible in the absence of any reference to it in the directive itselfģ. Approximation of laws – Trade marks – Directive 89/104 – Signs capable of constituting a trade mark – Colour per se – ConditionsĢ. Opinion of Advocate General Léger delivered on 12 November 2002ġ. «(Trade marks – Approximation of laws – Directive 89/104/EEC – Signs capable of constituting a trade mark – Distinctive character – Colour per se – Orange)» (Reference for a preliminary ruling from the Hoge Raad der Nederlanden) Trade marks - Approximation of laws - Directive 89/104/EEC - Signs capable of constituting a trade mark- Distinctive character - Colour per se - Orange. Reference for a preliminary ruling: Hoge Raad der Nederlanden - Netherlands. ![]() Libertel Groep BV v Benelux-Merkenbureau. ![]() #Libertel Groep BV v Benelux-Merkenbureau.#Reference for a preliminary ruling: Hoge Raad der Nederlanden - Netherlands.#Trade marks - Approximation of laws - Directive 89/104/EEC - Signs capable of constituting a trade mark- Distinctive character - Colour per se - Orange.#Case C-104/01. ![]()
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