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Case C-21/18: Judgment of the Court (Fifth Chamber) of 14 March 2019 (request for a preliminary ruling from the Svea hovrätt — Sweden) — Textilis Ltd, Ozgur Keskin v Svenskt Tenn Aktiebolag (Reference for a preliminary ruling — EU trade mark — Concept of ‘shape’ — Shape giving substantial value to the goods — Two-dimensional mark — Figurative mark also constituting a work for the purpose of copyright — Regulation (EC) No 207/2009 — Article 7(1)(e)(iii) — Regulation (EU) 2015/2424)
ECLI:EU:UNKNOWN:62018CA0021
62018CA0021
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6.5.2019
Official Journal of the European Union
C 155/12
(Case C-21/18) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - EU trade mark - Concept of ‘shape’ - Shape giving substantial value to the goods - Two-dimensional mark - Figurative mark also constituting a work for the purpose of copyright - Regulation (EC) No 207/2009 - Article 7(1)(e)(iii) - Regulation (EU) 2015/2424)
(2019/C 155/15)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicants: Textilis Ltd, Ozgur Keskin
Defendant: Svenskt Tenn Aktiebolag
Operative part of the judgment
1.Article 7(1)(e)(iii) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the [European Union] trade mark, as amended by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015, must be interpreted as meaning that it is not applicable to marks registered before the entry into force of Regulation No 207/2009, as amended by Regulation 2015/2424.
2.Article 7(1)(e)(iii) of Regulation No 207/2009 must be interpreted as meaning that a sign such as that at issue in the main proceedings, consisting of two-dimensional decorative motifs, which are affixed to goods, such as fabric or paper, does not ‘consist exclusively of the shape’, within the meaning of that provision.
Language of the case: Swedish
(1) OJ C 94, 12.3.2018.
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ECLI:EU:C:2019:140