Prejudiciële vragen over vormmerken en (verkrijging van) onderscheidend vermogen

Zaak C-215/14: Nestlé. Prejudiciële vragen High Court of Justice (Chancery Division) (UK).

Merkenrecht. "A request for a preliminary ruling. The case concerns circumstances in which a trader may secure a perpetual monopoly in the shape of a product by registering it as a trademark."

Prejudiciële vragen. "1. In order to establish that a trade mark has acquired distinctive character following the use that had been made of it within the meaning of Article 3(3) of Directive 200S/951EC, is it sufficient for the applicant for registration to prove that at the relevant date a significant proportion of the relevant class of persons recognise the mark and associate it with the applicant's goods in the sense that, if they were to consider who marketed goods bearing that mark, they would identify the applicant; or must the applicant prove that a significant proportion of the relevant class of persons rely upon the mark (as opposed to any other trademarks which may also be present) as indicating the origin of the goods?

2. Where a shape consists of three essential features, one of which results from the nature of the goods themselves and two of which are necessary to obtain a technical result, is registration of that shape as a trade mark precluded by Article 3(1)(e)(i) and/or (ii) of Directive 200S/951EC?

3. Should Article 3(1)(e)(ii) of Directive 200S/95IEC be interpreted as precluding registration of shapes which are necessary to obtain a technical result with regard to the manner in which the goods are manufactured as opposed to the manner in which the goods function?"