It doesn’t take a handyman to know that the following three-dimensional trademarks lack distinctive character in the meaning of Article 7 (1) (b) CTMR for goods such as “water pumps, electric motors and heating apparatus”, their shape not diverging significantly from the norms of the sector.

    In the cases T-253/09 and T-254/09, the court affirmed the Board of Appeal’s definition of the relevant public made of professionals of DIY as well as final users with some knowledge in home improvement who will pay attention to the technical characteristics of the products but will attribute rather a secondary role to non functional elements, such as shape and design.

The characteristics of the trademarks are the usual variants for pump cases or electric motors contained within, which are usually rectangular or cylindrical; the facets have usually a functional use allowing to rotate more easily; the trademarks could also be considered as a push-button to switch on a pump or a rotating knob to regulate the temperature of a thermostat.

Regarded the applicant’s claim that the colour “Green Pantone 334” would be distinctive, the Court discarded the new evidence brought before it as well as the allegation regarding consumers used to choosing the goods by its colour or facets because it belongs to the independent question of law related to the acquired distinctiveness analysis, not invoked before the Office.