ECJ On Tripp Trapp 3D Trade Mark

On 18 September 2014, the Court of Justice of the European Union ("ECJ") handed down a judgment on a reference for a preliminary ruling from the Dutch Supreme Court in the case of Hauck GmbH & Co. KG ("Hauck") v. Stokke A/S and others ("Stokke") (Case C-205/13). The case involves the interpretation of Article 3(1)(e) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, which has been repealed and re-enacted by Directive 2008/95 ("Trade Marks Directive").

Since 1972, Stokke has marketed on the Scandinavian market a children's chair called the 'Tripp Trapp'. Since 1995 it has also commercialised its product on the Dutch market. Stokke registered the form of the 'Tripp Trapp' chair as a three-dimensional trade mark at the Benelux Office for Intellectual Property.