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products. 47 The essential characteristics are the ‘most important elements of the sign’. 48 Precisely which elements qualify has to be assessed on a case-by-case basis, which gives

within the ground of refusal. 247 The assessment of the essential characteristics of a sign must be carried out on a case-by-case basis. There is no systematic hierarchy between the types

right was confined to cases in which a third party’s use of the sign affects or is liable to affect the functions of the trade mark—in particular, its essential function of guaranteeing

products. 35 The essential characteristics are the ‘most important elements of the sign’. 36 Precisely which elements qualify has to be assessed on a case-by-case basis, which gives

Unwired v Huawei , 115 it is part of a long-running and complex set of related cases regarding standard essential patent for a formal telecoms standard, when declarations had been made regarding

distinct commercial origin for products was an essential prerequisite for withstanding a revocation challenge. It follows from the case law that use of marks to decorate products—or

right was confined to cases in which a third party’s use of the sign affects or is liable to affect the functions of the trade mark—in particular, its essential function of guaranteeing

provision is not intended to prevent any use of a mark with a reputation; it is essential in any case that the opponent establishes that use of a similar mark would have one of these

provision is not intended to prevent any use of a mark with a reputation; it is essential in any case that the opponent establishes that use of a similar mark would have one of these

action of the user must be ‘indispensable’ or ‘essential’ to enable the public to access the work (or subject matter). 184 In many cases it has been suggested that this means the public

nappies nor for describing their essential characteristics. The phrase was a ‘lexical invention’, bestowing distinctive power on the mark. In the last case, the subtraction of the space

therefore be reserved to cases in which a third party’s use of the sign affects or is liable to affect the functions of the trade mark, in particular its essential function of guaranteeing

distinct commercial origin for products was an essential prerequisite for withstanding a revocation challenge. It follows from the case law that use of marks to decorate products—or

name is an essential component, rather than a different class of consumable commercial goods that people purchased because they came from a specific trader. 90 In those cases in which

‘own name’ case Anheuser-Busch v. Budvar , Case C-245/02 [2004] ECR I–10989, [82]–[84] cites the earlier ‘descriptive fair use’ case of Gerolsteiner Brunnen v. Putsch , Case C-100/02

Deenik , Case C-63/97 [1999] ECR I–905, [61]; Céline Sàrl v. Céline SA , Case C-17/06 [2007] ECR I–7041, [32]; Gerolsteiner Brunnen GmbH & Co. v. Putsch GmbH , Case C-100/02 [2004]

action of the user must be ‘indispensable’ or ‘essential’ to enable the public to access the work (or subject matter). 202 In many cases, it has been suggested that this means the public

that the inclusion of the emblem was ‘essential to the object for which the image … was created’ rather than incidental. 272 In an earlier case, the High Court held that, by featuring

Galana , Case C-393/16, EU:C:2017:991, [32] (hereafter Champagner Sorbet ); Calvados , Case C-75/15, EU:C:2016:35, [21] (hereafter Calvados ). 170 Champagner Sorbet , Case C-393/16

Teva v. Gilead , Case C-121/17, EU:C:2018:585, [35]; Royalty Pharma Collection Trust , Case C-650/17, EU:C:2020:327, [35]. See also Eli Lilly v. Human Sciences , Case C-493/12, EU:C:2013:835