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Case C-541/18: Judgment of the Court (Fifth Chamber) of 12 September 2019 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — AS v Deutsches Patent- und Markenamt (Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Article 3(1)(b) – Distinctive character – Criteria for assessment – Sign comprising a hashtag)
ECLI:EU:UNKNOWN:62018CA0541
62018CA0541
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11.11.2019
Official Journal of the European Union
C 383/34
(Case C-541/18) (*)
(Reference for a preliminary ruling - Trade marks - Directive 2008/95/EC - Article 3(1)(b) - Distinctive character - Criteria for assessment - Sign comprising a hashtag)
(2019/C 383/37)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: AS
Defendant: Deutsches Patent- und Markenamt
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 in examining the distinctive character of a sign in respect of which registration as a trade mark is sought, all the relevant facts and circumstances must be taken into account, including all the likely types of use of the mark applied for. The latter correspond, in the absence of other indications, to the types of use which, in the light of the customs in the economic sector concerned, can be practically significant.
(*) Language of the case: German.