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Case C-629/17: Judgment of the Court (Fourth Chamber) of 6 December 2018 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — J. Portugal Ramos Vinhos SA v Adega Cooperativa de Borba CRL (Reference for a preliminary ruling — Intellectual property — Trade mark law — Directive 2008/95/EC — Article 3(1)(c) — Grounds for invalidity — Word marks which consist exclusively of signs or indications which may serve in trade to designate the characteristics of goods or services — Other characteristics of goods or services — Production facility for a product — Word mark composed of a sign designating wine products and of a geographical name, constituting a word element of the trade mark proprietor’s business name)
ECLI:EU:UNKNOWN:62017CA0629
62017CA0629
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4.2.2019
Official Journal of the European Union
C 44/4
(Case C-629/17) (1)
((Reference for a preliminary ruling - Intellectual property - Trade mark law - Directive 2008/95/EC - Article 3(1)(c) - Grounds for invalidity - Word marks which consist exclusively of signs or indications which may serve in trade to designate the characteristics of goods or services - Other characteristics of goods or services - Production facility for a product - Word mark composed of a sign designating wine products and of a geographical name, constituting a word element of the trade mark proprietor’s business name))
(2019/C 44/05)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: J. Portugal Ramos Vinhos SA
Defendant: Adega Cooperativa de Borba CRL
Operative part of the judgment
Article 3(1)(c) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the registration of a trade mark consisting of a word sign, such as that at issue in the main proceedings, designating wine products and including a geographical name, must be refused, where that sign contains, in particular, a term which is commonly used to designate facilities or sites in which those products are produced and is also one of the word elements of the business name of the legal entity seeking to register that trade mark.
OJ C 32, 29.1.2018.
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