Opinion of the Advocate General — ECLI:EU:C:2005:12
Date: 2005-01-13
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property;Approximation of laws
Procedure: Reference for a preliminary ruling;Reference for a preliminary ruling - inadmissible
Origin: Germany

Summary of the Judgment 1. Approximation of laws — Trade marks — Directive 89/104 — Trade marks in respect of services — Concept of ‘services’ — Community concept — Uniform interpretation (Council Directive 89/104) 2. Approximation of laws — Trade marks — Directive 89/104 — Trade marks in respect of services — Concept of ‘services’ — Retail trade in goods — Included — Requirements for registration (Council Directive 89/104, Art. 2) 1. It falls to the Court to supply a uniform interpretation of the concept of ‘services’ within the meaning of Directive 89/104 to approximate the laws of the Member States relating to trade marks. Determination of the nature and content of the service eligible for protection by a registered trade mark is subject, not to the provisions on registration procedures, in regard to which the Member States retain full freedom, but to the substantive conditions for acquiring the right conferred by the trade mark. Moreover, if the concept of ‘services’ were a matter for the Member States, conditions for the registration of service trade marks could vary according to the national legislation concerned. Therefore, the objective that acquisition of the right in the trade mark should be subject to ‘conditions … identical’ in all Member States would not be attained. (see paras 30-33) 2. The concept of ‘services’ within the meaning of Directive 89/104 to approximate the laws of the Member States relating to trade marks covers services provided in connection with retail trade in goods. No overriding reason based on the directive or on general principles of Community law precludes those services from being covered by the concept of ‘services’ within the meaning of the directive or, therefore, the trader from having the right to obtain, through the registration of his trade mark, protection of that mark as an indication of the origin of the services provided by him. For the purposes of registration of a trade mark for such services, it is not necessary to specify in detail the service(s) in question. However, details must be provided with regard to the goods or types of goods to which those services relate. (see paras 35, 39, 52, operative part 1-2)