Shaping a Colour as a Trade Mark: Comments on the Judgment of the CJEU C-163/16

Abstract

The paper discusses the judgment of the Court of Justice of the European Union (CJEU) C‑163/16 on a shoe sole in red, the trade mark protecting the red appearance of a sole in high-heeled women’s shoes. The clarity of the trade mark, the use of the trade mark, and the absolute grounds of trade mark refusal and invalidity of the old Trade Mark Directive 2008/95 are brought to the attention of the readers.