One of the still unresolved questions of trade mark law is under what circumstances a shape mark is ineligible for protection because it consists of a shape that gives substantial value to the products for which protection is sought. In 2012, we reported on a case referred to the CJEU by the Dutch Supreme Court in a conflict regarding a 3D mark registered by Revillon for chocolate products in the shape of a vine branch, but that case (C-2/12) has since been removed from the register. In its decision of 12 April 2013, the Dutch Supreme Court however again referred questions to the CJEU, this time regarding the shape of a chair. The questions address the issues of when a shape gives substantial value to the products in question and when a shape results from their nature.
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