PI-Design AG and other companies v Yoshida Metal Industry Co Ltd C-337/12 P to C-340/12 P, [2014] All ER (D) 286 (Mar)
Pursuant to Art 4 of Council Regulation (EC) 40/94 (on the Community trade mark) (the Regulation), so far as Community trade marks were concerned, a sign representing the shape of a product fell among the signs which might constitute a trade mark provided that it was capable of being represented graphically and capable of distinguishing the products or services of one undertaking from those of other undertakings. It was also apparent from the case-law of the Court that each of the grounds for refusal of registration listed in Art 7(1) of the Regulation should be interpreted in the light of the public interest underlying that ground. In that context, the Court had had occasion to point out that Art 7(1)(e)(ii) of the Regulation was intended to prevent trade mark law granting an undertaking a monopoly on technical solutions or functional characteristics of a product. Further, the court had also had occasion to make clear that a correct application of that provision required that the essential
