GRUR Prax 22/2020(18. November 2020) - EuGH 8.10.2020 - C-456/19 Unterscheidungskraft einer auf Gegenständen zu verwendenden Dienstleistungsmarke

 For these reasons the Court of Justice (Tenth Chamber) has ruled for law:

Art. 3 para. 1 letter b of Directive 2008/95 / EC of the European Parliament and of the Council of October 22, 2008 on the approximation of the laws of the Member States relating to trademarks is to be interpreted as meaning that when assessing the distinctiveness of a trademark a service of the sign applied for, which is composed of colored motifs and which is to be applied exclusively and systematically in a certain way to a large part of the objects used for the provision of this service, the perception of the relevant public of the application of this sign on these objects must be taken into account ; It does not have to be checked whether this symbol deviates significantly from the norm or customary in the industry.

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