CURIA - Documents: JUDGMENT OF THE COURT (Third Chamber)
25�July 2018 (*)
(Appeal�— EU trade mark�— Three-dimensional mark representing the shape of a four-fingered chocolate bar�— Appeal directed against the grounds�— Inadmissibility�— Regulation (EC) No�207/2009�— Article�7(3)�— Evidence of distinctive character acquired through use)
In Joined Cases C‑84/17�P, C‑85/17�P and C‑95/17�P,
THREE APPEALS under Article�56 of the Statute of the Court of Justice of the European Union, brought on 15�February 2017 for the first and second appeals and on 22�February 2017 for the third appeal,
Soci�t� des produits Nestl� SA, established in Vevey (Switzerland), represented by G.S.P.�Vos, advocaat, and S.�Malynicz QC,
appellant,
supported by:
European Association of Trade Mark Owners (MARQUES), established in Leicester (United Kingdom), represented by M.�Viefhues, Rechtsanwalt,
intervener in the appeal,
the other parties to the proceedings being:
Mondelez UK Holdings & Services Ltd, formerly Cadbury Holdings Ltd, established in Uxbridge (United Kingdom), represented by T.�Mitcheson QC and J.�Lane Heald, Barrister, instructed by P.�Walsh and J.�Blum, Solicitors,
applicant at first instance,
European Union Intellectual Property Office (EUIPO), represented by A.�Folliard-Monguiral, acting as Agent,
defendant at first instance (C‑84/17 P),
Mondelez UK Holdings & Services Ltd, formerly Cadbury Holdings Ltd, established in Uxbridge, represented by T.�Mitcheson QC and J.�Lane Heald, Barrister, instructed by P.�Walsh, J.�Blum and C.�MacLeod, Solicitors,
appellant,
the other parties to the proceedings being:
European Union Intellectual Property Office (EUIPO), represented by A.�Folliard-Monguiral, acting as Agent,
defendant at first instance,
Soci�t� des produits Nestl� SA, established in Vevey, represented by G.S.P.�Vos, advocaat, and S.�Malynicz QC,
intervener at first instance (C‑85/17 P),
and
European Union Intellectual Property Office (EUIPO), represented by A.�Folliard-Monguiral, acting as Agent,
appellant,
the other parties to the proceedings being:
Mondelez UK Holdings & Services Ltd, formerly Cadbury Holdings Ltd, established in Uxbridge, represented by T.�Mitcheson QC and J.�Lane Heald, Barrister, instructed by P.�Walsh and J.�Blum, Solicitors,
applicant at first instance,
Soci�t� des produits Nestl� SA, established in Vevey, represented by G.S.P.�Vos, advocaat, and S.�Malynicz QC,
intervener at first instance (C‑95/17 P),
25�July 2018 (*)
(Appeal�— EU trade mark�— Three-dimensional mark representing the shape of a four-fingered chocolate bar�— Appeal directed against the grounds�— Inadmissibility�— Regulation (EC) No�207/2009�— Article�7(3)�— Evidence of distinctive character acquired through use)
In Joined Cases C‑84/17�P, C‑85/17�P and C‑95/17�P,
THREE APPEALS under Article�56 of the Statute of the Court of Justice of the European Union, brought on 15�February 2017 for the first and second appeals and on 22�February 2017 for the third appeal,
Soci�t� des produits Nestl� SA, established in Vevey (Switzerland), represented by G.S.P.�Vos, advocaat, and S.�Malynicz QC,
appellant,
supported by:
European Association of Trade Mark Owners (MARQUES), established in Leicester (United Kingdom), represented by M.�Viefhues, Rechtsanwalt,
intervener in the appeal,
the other parties to the proceedings being:
Mondelez UK Holdings & Services Ltd, formerly Cadbury Holdings Ltd, established in Uxbridge (United Kingdom), represented by T.�Mitcheson QC and J.�Lane Heald, Barrister, instructed by P.�Walsh and J.�Blum, Solicitors,
applicant at first instance,
European Union Intellectual Property Office (EUIPO), represented by A.�Folliard-Monguiral, acting as Agent,
defendant at first instance (C‑84/17 P),
Mondelez UK Holdings & Services Ltd, formerly Cadbury Holdings Ltd, established in Uxbridge, represented by T.�Mitcheson QC and J.�Lane Heald, Barrister, instructed by P.�Walsh, J.�Blum and C.�MacLeod, Solicitors,
appellant,
the other parties to the proceedings being:
European Union Intellectual Property Office (EUIPO), represented by A.�Folliard-Monguiral, acting as Agent,
defendant at first instance,
Soci�t� des produits Nestl� SA, established in Vevey, represented by G.S.P.�Vos, advocaat, and S.�Malynicz QC,
intervener at first instance (C‑85/17 P),
and
European Union Intellectual Property Office (EUIPO), represented by A.�Folliard-Monguiral, acting as Agent,
appellant,
the other parties to the proceedings being:
Mondelez UK Holdings & Services Ltd, formerly Cadbury Holdings Ltd, established in Uxbridge, represented by T.�Mitcheson QC and J.�Lane Heald, Barrister, instructed by P.�Walsh and J.�Blum, Solicitors,
applicant at first instance,
Soci�t� des produits Nestl� SA, established in Vevey, represented by G.S.P.�Vos, advocaat, and S.�Malynicz QC,
intervener at first instance (C‑95/17 P),