(Case C-237/19 Request for a preliminary ruling from the Kúria (Hungary) lodged on 19March 2019— Gömböc Kutató, Szolgáltato és Kerreskedelmi Kft. v Szellemi Tulajdon Nemzeti Hivatala
Fecha: 03-Oct-2008
Request for a preliminary ruling from the Kúria (Hungary) lodged on 19March 2019— Gömböc Kutató, Szolgáltato és Kerreskedelmi Kft. v Szellemi Tulajdon Nemzeti Hivatala
(Case C-237/19)
Language of the case: Hungarian
Referring court
Kúria
Parties to the main proceedings
Applicant: Gömböc Kutató, Szolgáltato és Kerreskedelmi Kft.
Defendant: Szellemi Tulajdon Nemzeti Hivatala
Questions referred
Is Article3(1)(e)(ii) of Directive 2008/95/EC1 of 22October 2008 to approximate the laws of the Member States relating to trade marks to be interpreted as meaning that, for signs which consist exclusively of the shape of goods,
(a)it can only be examined if the shape is necessary to obtain the technical result sought on the basis of the graphic representation contained in the register, or
(b)can the perception of the relevant public also be taken into account?
In other words, can it be taken into account that the relevant public is aware that the shape for which registration is sought is necessary in order to obtain the technical result sought?
Is Article3(1)(e)(iii) of Directive 2008/95/EC of 22October 2008 to approximate the laws of the Member States relating to trade marks to be interpreted as meaning that the ground for refusal is applicable to those signs which consist exclusively of the shape of goods and in respect of which it can be determined whether the shape gives substantial value to the goods, bearing in mind the perception or knowledge that the buyer has of the goods represented graphically?
Is Article3(1)(e)(iii) of Directive 2008/95/EC of 22October 2008 to approximate the laws of the Member States relating to trade marks to be interpreted as meaning that the ground for refusal is applicable to signs which consist exclusively of a shape
(a)that, by virtue of its individual character, already enjoys the protection conferred on designs, or
(b)whose aesthetic appearance alone gives the goods any kind of value?