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Heidelberger Bauchemie GmbH

Case No. C-49/02 (2004)

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Heidelberger Bauchemie GmbH

European Union Court of Justice
Case No. C-49/02 (2004)

  • Written by Jody Stuart, JD

Facts

Heidelberger Bauchemie GmbH (Heidelberger) applied to the German Patent Office (the patent office) for registration of the colors blue and yellow as a trademark. The application showed the mark as a rectangle, with the upper half blue and the lower half yellow. The mark description stated that the colors were used in every conceivable form and specified the colors as RAL 5015/HKS 47—blue, RAL 1016/HKS 3—yellow. The application was for use of the mark in relation to various hardware products, such as adhesives, solvents, paints, and insulating materials. The patent office refused to register Heidelberger’s mark. Heidelberger appealed to the national court. The national court stayed proceedings and referred the case to the European Union Court of Justice, requesting a preliminary ruling on questions regarding interpretation of Article 2 of the First Council Directive (the directive) and the registration of colors or combinations of colors as a trademark.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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