Gömböc Kutató, Szolgáltató és Kereskedelmi Kft. V. Szellemi Tulajdon Nemezeti Hivatala
European Union Court of Justice
Case C-237/19 (2020)
- Written by Eric Miller, JD
Facts
Gömböc Kutató, Szolgáltató és Kereskedelmi Kft. (Gömböc) (plaintiff) sought to register a trademark with the Szellemi Tulajdon Nemezeti Hivatala, or intellectual-property office of Hungary (the office) (defendant). The trademark depicted the shape of a decorative object whose single point of stable equilibrium ensured that it always returned to a position of balance. The object was a well-known product to Hungarian consumers. The office rejected the application, citing a European Union (EU) prohibition against a trademark for a good whose shape was necessary to achieve a certain technical result. Gömböc challenged the rejection in the Hungarian court system, contending that the product’s technical function was known and understood by the average consumer. The court referred the matter to the European Union Court of Justice for a preliminary ruling.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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