(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

Approximation of laws – Trade marks – Directive 89/104 – Registration of a trade mark refused or trade mark declared invalid – Prior registration of the trade mark in certain Member States – Effect (Council Directive 89/104, Art. 3(1)(b) and (c)) (see para. 19)

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:

The competent authority of a Member State called upon 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.