Referral C-3/26 (Dr. Czirják-Nagy Ügyvédi Iroda, 9 Jan 2026)

(1) Should Article 4(1)(b) of Directive (EU) 2015/2436 of the European
Parliament and of the Council of 16 December 2015 to approximate the laws of
the Member States relating to trade marks (recast) be interpreted as meaning that,
by virtue of that provision, a sign such as that at issue in the main proceedings,
which consists solely of a photorealistic representation of a portrait of a person
and contains no other distinctive elements, cannot be registered as a trade mark?

(2) In assessing the distinctive character of the portrait described above, should
importance be attached to the public activity of the person depicted and the
possible renown and reputation conferred on him or her by that activity?

(3) If the answer to the previous question is in the affirmative, can the public
activity, renown or reputation of the represented person serve as a basis for trade
mark registration of the sign representing that person in respect of any goods or
services, or only in respect of goods or services that have been created or provided
by the represented person or with the personal involvement of the represented
person?’