Case C-578/17: Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 3 October 2017 — Oy Hartwall Ab
Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 3 October 2017 — Oy Hartwall Ab
(Case C-578/17)
2017/C 412/28Language of the case: FinnishReferring court
Korkein hallinto-oikeus
Parties to the main proceedings
Applicant: Oy Hartwall Ab
Other interested parties: Patentti- ja rekisterihallitus
Questions referred
1. |
For the interpretation of Article 2 of Directive 2008/95/EC ( 1 ) and the condition relating to the distinctive character of a trade mark within the meaning of Article 3(1)(b) thereof, is it of relevance whether the trade mark is to be registered as a figurative mark or a colour mark? |
2. |
If the classification of the mark as a colour mark or figurative mark is of importance in the assessment of its distinctive character, is the mark, regardless of its representation as an image, to be registered as a colour mark in accordance with the trade mark application, or can it be registered only as a figurative mark? |
3. |
If it is possible to register, as a colour mark, a mark represented in the form of a drawing in the trade mark application, is it necessary for the registration as a colour mark of a mark which has been graphically illustrated in the trade mark application with the accuracy required by the case-law of the Court of Justice relating to colour marks (and which is not the registration as a mark of a colour in itself, abstract, without shape or contours), is it necessary to submit in addition solid evidence of use as required by the Patentti- ja rekisterihallitus or any such evidence? |
( 1 ) OJ 2008 L 299, p. 25.