IP case law Court of Justice

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;

1 pending referral

Referral C-629/17 (J. Portugal Ramos Vinhos, 18 Oct 2017)


1 preliminary ruling

Judgment of 4 Oct 2001, C-517/99 (Merz & Krell)

Article 3(1)(d) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as only precluding registration of a trade mark where the signs or indications of which the mark is exclusively composed have become customary in the current language or in the bona fide and established practices of the trade to designate the goods or services in respect of which registration of that mark is sought.

Article 3(1)(d) must also be interpreted as meaning that it subjects refusal to register a trade mark to the sole condition that the signs or indications of which the trade mark is exclusively composed have become customary in the current language or in the bona fide and established practices of the trade to designate the goods or services in respect of which registration of that mark is sought. It is immaterial, when that provision is applied, whether the signs or indications in question describe the properties or characteristics of those goods or services.

2 appeals

Judgment of 15 Dec 2016, C-37/17 (Keil v EUIPO)


Order of 5 Oct 2004, C-192/03 (Alcon - BSS)



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