CJEU confirms rejection of Birkenstock’s application for trade mark protection of sole patterns

By Giannino M.

Abstract

Court of Justice of the European Union, Birkenstock Sales GmBh v European Union Intellectual Property Office, C-26/17 P, EU:C:2018:714, 13 September 2018The possibility of using a sign composed of a repetitive sequence of elements as a surface pattern is the relevant criterion for the distinctiveness test as applied to shape …read more

Source:: Journal of Intellectual Property Law & Practice