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

ECLI:EU:UNKNOWN:62008CB0039

62008CB0039

January 1, 2008
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Valentina R., lawyer

16.5.2009

Official Journal of the European Union

C 113/15

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

(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)

2009/C 113/30

Language of the case: German

Referring court

Parties

Applicant: 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.

* * *

(<span class="super">1</span> OJ C 107, 26.4.2008)

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