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Document 62012CN0002
Case C-2/12: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 3 January 2012 — Trianon Productie BV, other party: Revillon Chocolatier SAS
Case C-2/12: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 3 January 2012 — Trianon Productie BV, other party: Revillon Chocolatier SAS
Case C-2/12: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 3 January 2012 — Trianon Productie BV, other party: Revillon Chocolatier SAS
IO C 98, 31.3.2012, p. 10–11
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
31.3.2012 |
EN |
Official Journal of the European Union |
C 98/10 |
Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 3 January 2012 — Trianon Productie BV, other party: Revillon Chocolatier SAS
(Case C-2/12)
2012/C 98/15
Language of the case: Dutch
Referring court
Hoge Raad der Nederlanden (Netherlands)
Parties to the main proceedings
Appellant: Trianon Productie BV
Respondent: Revillon Chocolatier SAS
Questions referred
1. |
As regards the grounds for refusal or invalidity in Article 3(1)(e)(iii) of Directive 89/104/EEC, (1) as codified in Directive 2008/95 (2) — according to which (shape) marks cannot consist exclusively of a shape which gives a substantial value to the goods — do these concern the reason (or reasons) for the purchasing decision of the relevant public? |
2. |
Is a shape a ‘shape which gives substantial value to the goods’ within the meaning of the provision referred to above
|
3. |
Is the answer to Question 2 to be determined on the basis of the view of the majority of the target public, or can the courts rule that the view of just part of that public is sufficient for the value concerned to be deemed ‘substantial’ within the meaning of the provision referred to above? |
4. |
In so far as the answer to Question 3 falls to be answered as indicated in the latter part of that question, what requirement is to be applied as regards the size of the relevant part of the public? |
(1) First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1).