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Case C-456/19: Judgment of the Court (Tenth Chamber) of 8 October 2020 (request for a preliminary ruling from the Svea hovrätt, Patent- och marknadsöverdomstolen — Sweden) — Aktiebolaget Östgötatrafiken v Patent- och registreringsverket (Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 3(1)(b) — Signs of which a trade mark may consist — Distinctive character — Application for registration as a trade mark of a sign in respect of a service, consisting of motifs of colour and intended to be affixed to goods used to provide that service — Assessment of the distinctive character of that sign — Criteria)
ECLI:EU:UNKNOWN:62019CA0456
62019CA0456
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30.11.2020
Official Journal of the European Union
C 414/9
(Case C-456/19) (1)
(Reference for a preliminary ruling - Trade marks - Directive 2008/95/EC - Article 3(1)(b) - Signs of which a trade mark may consist - Distinctive character - Application for registration as a trade mark of a sign in respect of a service, consisting of motifs of colour and intended to be affixed to goods used to provide that service - Assessment of the distinctive character of that sign - Criteria)
(2020/C 414/10)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: Aktiebolaget Östgötatrafiken
Defendant: Patent- och registreringsverket
Operative part of the judgment
Article 3(1)(b) 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 distinctive character of a sign for which registration as a trade mark in respect of a service is sought, which sign is composed of coloured motifs and which is intended to be affixed exclusively and systematically in a specific manner to a large part of the goods used for the provision of that service, must be assessed by taking into account the perception of the relevant public of the affixing of that sign to those goods, without it being necessary to examine whether that sign departs significantly from the norm or customs of the economic sector concerned.
(1) OJ C 280, 19.8.2019.