Een uitgebreid overzicht van alle recent aangemelde en alle lopende zaken is te vinden op deze pagina (2013) van de website van UK IP Office.
Zaak C-420/13: Netto Marken Discount. Prejudiciële vragen Bundespatentgericht (Duitsland).
Merkenrecht. "The case concerns a request for a preliminary ruling in a case concerning the registration of a word/figurative sign as a trade mark. The application was refused on the basis that the services were not clearly and precisely distinguishable from other services in substance or scope." (Samenvatting UK IP Office).
Prejudiciële vragen. "The following questions are referred to the Court of Justice of the European Union for a preliminary ruling on the interpretation of Article 2 of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks:
1. Is Article 2 of the directive to be interpreted as meaning that a service within the meaning of this provision also encompasses retail trading in services?
2. If the answer to the first question is in the affirmative:
Is Article 2 of the directive to be interpreted as meaning that the content of the services offered by the retailer must be specified in exactly the same way as the goods that a retailer markets?
(a) Does it suffice for the purposes of specification of the services if
(aa) just the field of services in general or general indications,
(bb) just the class(es) or
(cc) each specific individual service is stated?
(b) Do these details then take part in determining the date of filing or is it possible, where general indications or classes are stated, to make substitutions or additions?
3. If the answer to the first question is in the affirmative:
Is Article 2 of the directive to be interpreted as meaning that the scope of trade mark protection afforded to retail services extends even to services rendered by the retailer himself?"
Zaak C-421/13: Apple. Prejucidiële vragen Bundespatentgericht (Duitsland).
Merkenrecht. "The case concerns a request for a preliminary ruling in a case concerning an application for the domestic extension of protection for a 3D trade mark which was registered internationally for services in Class 35 (retail store services), described as 'distinctive design and layout of a retail store'. The application was refused on the grounds that it was devoid of distinctive character." (Samenvatting UK IP Office)
Prejudiciële vragen. "The following questions are...
Zaak C-420/13: Netto Marken Discount. Prejudiciële vragen Bundespatentgericht (Duitsland).
Merkenrecht. "The case concerns a request for a preliminary ruling in a case concerning the registration of a word/figurative sign as a trade mark. The application was refused on the basis that the services were not clearly and precisely distinguishable from other services in substance or scope." (Samenvatting UK IP Office).
Prejudiciële vragen. "The following questions are referred to the Court of Justice of the European Union for a preliminary ruling on the interpretation of Article 2 of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks:
1. Is Article 2 of the directive to be interpreted as meaning that a service within the meaning of this provision also encompasses retail trading in services?
2. If the answer to the first question is in the affirmative:
Is Article 2 of the directive to be interpreted as meaning that the content of the services offered by the retailer must be specified in exactly the same way as the goods that a retailer markets?
(a) Does it suffice for the purposes of specification of the services if
(aa) just the field of services in general or general indications,
(bb) just the class(es) or
(cc) each specific individual service is stated?
(b) Do these details then take part in determining the date of filing or is it possible, where general indications or classes are stated, to make substitutions or additions?
3. If the answer to the first question is in the affirmative:
Is Article 2 of the directive to be interpreted as meaning that the scope of trade mark protection afforded to retail services extends even to services rendered by the retailer himself?"
Zaak C-421/13: Apple. Prejucidiële vragen Bundespatentgericht (Duitsland).
Merkenrecht. "The case concerns a request for a preliminary ruling in a case concerning an application for the domestic extension of protection for a 3D trade mark which was registered internationally for services in Class 35 (retail store services), described as 'distinctive design and layout of a retail store'. The application was refused on the grounds that it was devoid of distinctive character." (Samenvatting UK IP Office)
Prejudiciële vragen. "The following questions are...