Request for a preliminary ruling from the Cour de cassation (France) lodged on 11 January 2024 – CeramTec GmbH v CoorStek Bioceramics LLC

(Case C-17/24, Ceram Tec)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Appellant: CeramTec GmbH

Respondent: CoorStek Bioceramics LLC

Questions referred

Is Article 52 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark ¹ to be interpreted as meaning that the grounds for invalidity set out in Article 7, to which Article 52(1)(a) refers, are independent from and do not overlap with the ground of bad faith referred to in Article 52(1)(b)?

If the first question is answered in the negative, may the bad faith of the applicant be assessed by reference solely to the absolute ground for refusal of registration set out in Article 7(1)(e)(ii) of Regulation No 207/2009 where no finding has been made that the sign for which registration as a trade mark was sought consists exclusively of the shape of the product which is necessary to obtain a technical result?

Is Article 52(1)(b) of Regulation No 207/2009 to be interpreted as meaning that bad faith is to be ruled out where the applicant has applied for registration of a trade mark with the intention of protecting a technical solution and, after the application was made, it is discovered that there was no connection between the technical solution in question and the signs which constitute the trade mark applied for?

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¹ OJ 2009 L 78, p. 1.