IP case law Court of Justice

Order of 12 Feb 2009, C-39/08 (Bild digital)



Order of the Court of 12 February 2009 (reference for a preliminary ruling from the Bundespatentgericht (Germany)) - Bild digital GmbH & Co. KG, formerly Bild.T-Online.de AG & Co. KG (C-39/08), ZVS Zeitungsvertrieb Stuttgart GmbH (C-43/08) v Präsident des Deutschen Patent- und Markenamts

(Joined Cases C-39/08 and C-43/08) 1

(First subparagraph of Article 103(3) of the Rules of Procedure - Directive 89/104/EEC - Applications for registration of trade marks - Examination on a case-by-case basis - Failure to take account of earlier decisions - Manifest inadmissibility)

Language of the case: German

Referring court

Bundespatentgericht (Germany)

Parties

Applicants: Bild digital GmbH & Co. KG, formerly Bild.T-Online.de AG & Co. KG (C 39/08), ZVS Zeitungsvertrieb Stuttgart GmbH (C 43/08)

Defendant: Präsident des Deutschen Patent- und Markenamts

Re:

Reference for a preliminary ruling - Bundespatentgericht (Germany) - Interpretation of Article 3 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) - Examination of applications for registration of trade marks on a case-by-case basis without account being taken of earlier decisions in similar situations - Refusal to register a trade mark applied for by the proprietor of a series of similar marks

Operative part of the order

The competent authority of a Member State required to rule on an application for registration of a trade mark is not required to disregard the grounds for refusal of registration set out in Article 3(1)(a), (b) and (c) of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, as amended by Council Decision 92/10/EEC of 19 December 1991, and to grant that application on the ground that the sign for which registration as a trade mark is sought is composed in a manner identical or comparable to a sign which it has already accepted for registration as a trade mark and which refers to identical or similar goods or services.

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1 -

2 - OJ C 107, 26.4.2008.



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