Linde AG, Winward Industries Inc and Rado Uhren AG: ECJ 8 Apr 2003

Applications for the registration of three dimensional trade marks had been referred to the court on the question of whether they could be refused for lack of distinctiveness.
Held: The tests for three dimensional marks were no more strict than for other marks. When looking at the grounds for refusal, the public interest was to be tested. Elements which might serve to designate the characteristics of goods within 3(1)(c) should be left free for all users to take advantage of.

C-53/01, C-55/01, C-54/01, Times 24-Apr-2003, [2003] EUECJ C-53/01, [2003] EUECJ C-54/01, [2003] EUECJ C-55/01
Bailii, Bailii, Bailii
First Council Directive 89/104/EEC of December 21 1988 3(1)(c)
Cited by:
CitedLinkin Park TMR 3-Aug-2004
The applicant sought registration of the mark ‘Linkin Park’ under the classifications including posters. The name had been used by a music band, and objection was made, saying it would jeopardise the guarantee of origin associated with the name.
European, Intellectual Property

Updated: 17 January 2022; Ref: scu.180815