whether to know in which circumstances works of applied art, such as threedimensional artistic presentations of food, which are very similar to sculptures, though having functionality (because ultimately, they are meant to be eaten and have a nutritive value) can be qualified as intellectual creations of the author. Also, it is not clear which factors should be considered for that qualification (e.g., the opinion of experts in that field, reproductions in art books, presence in museums? Or is the institutional recognition not decisive?). The harmonization of the CJ was too abstract and somewhat contradictory, not being sufficient to solve actual cases with a reasonable degree of certainty and legal security. The inconsistent case law across EU Member States after Cofemel demonstrates the inadequate harmonization of design protection by copyright. In the CJ two preliminary rulings are still pending that may bring some light to the matter, because they are intended to clear up many of the problems that still exist. We are referring to Mio and others88 and to Konektra89 Cases. These cases also prove that harmonization in the EU is far from being achieved. VII. PROTECTION OF FOOD PRESENTATION AS TRADEMARK AND TRADE DRESS Trademarks are signs, namely words, names, symbols, colours, slogans, shapes of a product or of its packaging, holograms, sounds, smells, patterns, textures, which manufactures or sellers use to distinguish their products or services from identical or similar products or services of other manufactures or sellers, thus avoiding confusion in the market regarding the source of the good or service. Trademarks have also other functions, besides indication of source, namely they can be indicators of quality (e.g., prestige trademarks, or notorious trademarks) and reduce customers’ search time (advertising function). Chefs and restaurants may trademark their names and the typical menus. The same happens with manufacturers and sellers that trademark their products or services. They also have the possibility of registering as trademark shapes, as three-dimensional trademarks, leading to the protection of the visual typical 88 Case C-580/23, Mio and Others: Request for a preliminary ruling from the Svea Hovrätt, Patent- och marknadsöverdomstolen (Sweden) lodged on 21 September 2023 — Mio AB, Mio e-handel AB, Mio Försäljning AB v. Galleri Mikael & Thomas Asplund Aktiebolag, OJ C, C/2023/964, 27.11.2023, ELI: http://data.europa.eu/ eli/C/2023/964/oj. 89 Case C-795/23, Konektra: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 21 December 2023 — Konektra GmbH and LN v. USM U. Schärer Söhne AG. OJ C, C/2024/1844, 11.3.2024, ELI: http://data.europa.eu/eli/C/2024/1844/oj. 253 HOW TO PROTECT FOOD PRESENTATION BY INTELLECTUAL PROPERTY
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