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ARTICLE · 22 APRIL 2014

ECJ Guidance On Technical Effects Of Applying 2D Trade Marks To 3D Objects

Van Bael & Bellis
Van Bael & Bellis
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The ECJ offered guidance on whether the technical effects caused by a 2D mark as a 3D shape should be considered when assessing absolute grounds for refusal.

European UnionIntellectual Property
Van Bael Bellis
Van Bael Bellis
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In a judgment of 6 March 2014 in joined cases C-337/12 P to C-340/12 P, the Court of Justice of the European Union (the "ECJ") offered guidance on whether the technical effects caused by using a 2D figurative trade mark as a 3D shape should be considered when assessing absolute grounds for refusal of the figurative trade mark.

On 3 and 5 November 1999, Japanese company Yoshida Metal Industry Co. Ltd ("Yoshida") filed two applications to register Community trade marks with OHIM for goods in classes 8 and 21 of the Nice Agreement (cutlery, knives, forks, spoons, knife steels, household or kitchen utensils, etc.). The trade marks for which registration was sought are the signs reproduced below:

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