H. whereas species covered by CITES are listed in the CITES Appendices on the basis of their conservation status and because they are or may be affected by trade; whereas CITES Appendix I contains species threatened with extinction, international trade in which is prohibited; whereas CITES Appendix II includes species in relation to which trade must be controlled in order to avoid utilisation incompatible with their survival; whereas CITES Appendix III contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling the trade,

For all goods other than loudspeakers, the mark applied for must thus be considered, by definition, to be inherently distinctive when the shape is not an ordinary or common one, as in the present case.

‘Childbirth allowances (one-off cash benefits for the birth of the third child and subsequent children and one-off cash benefits in the event of a multiple birth)’.

The goods whose shape it has been sought to register as a mark – the present case involves five shapes of torch – are goods for general consumption, and the targeted public must therefore be considered to comprise all consumers.

The Court concluded that a genetic modification of a specific plant variety is not patentable but a modification of wider scope, concerning, for example, a species, may be protected by a patent [33] [34].

Under Article 9 of Council Directive 79/409/EEC [31] Member States can take measures to limit the impact of protected bird species in order to prevent serious damage to fisheries and water and for the protection of flora and fauna.