“Tic Tac Box”
摘要
Signs consisting of a technical solution, i.e. shapes that constitute a solution to a technical problem or marks that consist of the shape of the product in question, cannot be validly registered as a trade mark. Here, the shape of the dragée container in question (Tic Tac box) does not constitute such a technical solution to a problem as the container could assume other shapes without prejudice to its functional purpose of containing and distributing dragées. The functional shape of a product that does not have distinctive character for the relevant public may not be registered as a shape mark.