IP case law Court of Justice

Absolute grounds for refusal or invalidity

The following shall not be registered or, if registered, shall be liable to be declared invalid (...)
(Directive 2008/95 - Article 3, CTM Regulation - Articles 7 and 52)

10 categories

Devoid of any distinctive character

1.(b) trade marks which are devoid of any distinctive character;

Descriptive

1.(c) trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services;

Customary in the current language

1.(d) trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade;

Exclusion of specific shapes

1.(e) signs which consist exclusively of:
- the shape which results from the nature of the goods themselves, or
- the shape of goods which is necessary to obtain a technical result, or
- the shape which gives substantial value to the goods;

Deceptive

1.(g) trade marks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographicai origin of the goods or service;

Emblems

1.(h) trade marks which have not been authorised by the competent authorities and are to be refused pursuant to Article 6ter of the Paris Convention;

(i) trade marks which include badges, emblems or escutcheons other than those covered by Article 6ter of the Paris Convention and which are of particular public interest, unless the consent of the appropriate authorities to their registration has been given.

Color
Acquired distinctiveness
General
Wines

1. (...) trade marks for wines which contain or consist of a geographical indication identifying wines or for spirits which contain or consist of a geographical indication identifying spirits with respect to such wines or spirits not having that origin



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