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Distinctive character

In order to register a trade mark which has acquired distinctive character through usage in the meaning of article 3.3 directive of the European Parliament and of the Council 2008/95/WE of 22 October 2008 (Directive 2008/95 "), regardless of whether the character was used as part of another registered trade mark, or in conjunction with this sign, the applicant must provide proof that the public concerned perceives the product or service marked the only sign, without any other characters, which may also be, as originating from a given undertaking.

So ruled the European Court of Justice ("ECJ") in its judgment of 16 September 2015, C-215/14.

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