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"In the determination of the extent to which protection should be given to a trade mark formed by a sign which does not in itself have any distinctive character or by a designation which corresponds to the description in Article 3(1)(c) of Directive 89/104 but which has become a trade mark through the process of becoming customary and has been registered, should account be taken of the general interest in ensuring that the availability of given signs is not unduly restricted for other traders offering the goods or services concerned (the requirement of availability)?To remind readers, Articles 3(1)(b) and (c) of Directive 89/104 sayIf the answer to Question 1 is in the affirmative: does it make any difference whether the signs which are referred to therein and which are to be held available are seen by the relevant public as being signs used to distinguish goods or merely to embellish them?
If the answer to Question 1 is in the affirmative: does it, further, make any difference whether the sign contested by the holder of a trade mark is devoid of distinctive character, within the terms of Article 3(1)(b) of Directive 89/104, or contains a designation, within the terms of Article 3(1)(c) of the Directive?".
"The following shall not be registered or if registered shall be liable to be declared invalid: [...](b) trade marks which are devoid of any distinctive character;
(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".
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Adidas v H&M - the official questions
Reviewed by Jeremy
on
Tuesday, March 27, 2007
Rating:
![<i>Adidas v H&M</i> - the official questions](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh-skXA6vDCpOK3NOEaz1VQd4kTThDi2aHklrnCKDmcDUkeFyGqGguNW_QLCU-wf62WQqAcz7yNOiyoqgmH1II_2hzKA10dPnBN4mBgNu1B4r-VRiTxBaMIfZkphbMemf7c3PT2/s72-c/tiger-regal.jpg)
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