Traduction de «Color as a distinctive feature a mark » (Anglais → Français) :

By the first part of its plea, Procter Gamble submits that the question whether the geometrical shape of the product is an obvious one is not relevant. Nor is it relevant whether the slightly rounded corners or bevelled edges of the tablets in question are likely to be perceived by the average consumer as a distinctive feature of the shape for which registration as a trade mark is sought, capable of distinguishing them from other washing machine or dishwasher tablets.

Article 2 differs from Article 2 of Directive 98/43 in that the definition of "advertising" no longer refers to "advertising which, whilst not specifically mentioning the tobacco product, tries to circumvent the advertising ban by using brand names, trade marks, emblems or other distinctive features of tobacco products"; "sponsorship" is widened to cover public or private contributions to any event, activity or individual"; "tobacco sales outlet" is no longer defined; and there is a definition of "information s ...[+++]ociety services" by reference to Article 1(2) of Directive 98/34.

3 (a) Member States shall ensure that no tobacco product bears the brand name, trade mark, emblem or other distinctive feature of any other product or service, unless the tobacco product has already been traded under that brand name, trade mark, emblem or other distinctive feature on the date referred to in Article 6(1);

2'. advertising`: any form of commercial communication with the aim or the direct or indirect effect of promoting a tobacco product, including advertising which, while not specifically mentioning the tobacco product, tries to circumvent the advertising ban by using brand names, trade marks, emblems or other distinctive features of tobacco products;

(9) Whereas all forms of indirect advertising and sponsorship, and likewise free distribution, have the same effects as direct advertising, and whereas they should, without prejudice to the fundamental principle of freedom of expression, be regulated, including indirect forms of advertising which, while not mentioning the tobacco product directly, use brand names, trade marks, emblems or other distinctive features associated with tobacco products; whereas, however, Member States may defer application of these provisions to allow time for commercial practices to be adjusted and sponsorship of tobacco products to be r ...[+++]eplaced by other suitable forms of support;

To this end, the brand name, trade mark, emblem and any other distinguishing feature of the product or service must be presented in a manner clearly distinct from that used for the tobacco product.