THE COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU) RULES THAT A TRADEMARK FOR A DECORATIVE FABRIC IS REGISTRABLE AND ENFORCEABLE

In Textilis v. Svenkst Tenn AB, the European Court of Justice (CJEU) held that the 2015 amendments to the trademark regulation (Article 7(1)(e)(iii) of Regulation No 207/2009), which limited the right for trademark protection if the mark consisted exclusively of the shape, or another characteristic, that gives substantial value to the goods, did not apply to marks registered before the amendment to the regulation. In addition, the CJEU held that patterns (two-dimensional decorative motifs) on goods such as fabric or paper may be protected as trademarks as they are not considered “shapes” in the sense of the regulation. This decision is a boon to trademark owners who have relied on patterns as trademarks.