Referral C-837/26 (Airwair International, 29 Jul 2026)

1. Is Article 4(4) of the Trade Marks Directive to be interpreted as meaning that a position mark such as that at issue here can acquire distinctive character through use only if this has been demonstrated in respect of all forms of the goods in the category of goods for which the trade mark is registered, or is it sufficient for this to have been demonstrated in respect of some of those forms?

2. Is Article 7 of the Trade Marks Directive to be interpreted as meaning that partial invalidation of a trade mark must also apply where there are different forms of the goods in the category of goods for which a position mark such as that at issue here is registered, and the ground for invalidity concerns only some of those forms?