Case C-363/99





Koninklijke KPN Nederland NV

v

Benelux-Merkenbureau





(Reference for a preliminary ruling from the Gerechtshof te 's-Gravenhage)

«(Approximation of laws – Trade marks – Directive 89/104/EEC – Article 3(1) – Grounds for refusal to register – Taking account of all the relevant facts and circumstances – Prohibition on registering a mark in respect of certain goods or services on condition that they do not possess a particular characteristic – Word composed of elements each of which is descriptive of characteristics of the goods or services concerned)»

Opinion of Advocate General Ruiz-Jarabo Colomer delivered on 31 January 2002

Judgment of the Court (Sixth Chamber), 12 February 2004

Summary of the Judgment

1.. Approximation of laws – Trade marks – Directive 89/104 – Registration of a new trade mark – Examination of the sign by the competent authority – Taking account of all the relevant facts and circumstances

(Council Directive 89/104, Art. 3)

2.. Approximation of laws – Trade marks – Directive 89/104 – Registration of a new trade mark – Examination of the sign by the competent authority – Registration in another Member State of a similar mark for similar goods or services – No effect

(Council Directive 89/104, Art. 3)

3.. Approximation of laws – Trade marks – Directive 89/104 – Refusal of registration or invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of goods or services – Existence of more usual signs or indications for designating the same characteristics – Number of competitors who may have an interest in using the same signs or indications – No effect – Whether registration extends, in a system where a number of languages coexist, to translations of a word mark – Verification of the translations by the competent authority

(Council Directive 89/104, Art. 3(1)(c))

4.. Approximation of laws – Trade marks – Directive 89/104 – Refusal of registration or invalidity – Trade mark devoid of distinctive character – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product – Relation between the provisions of Article 3(1)(b) and Article 3(1)(c)

(Council Directive 89/104, Art. 3(1)(b) and (c))

5.. Approximation of laws – Trade marks – Directive 89/104 – Refusal of registration or invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product – Definition – Word mark composed of elements descriptive of characteristics of the goods or services concerned – Included where the nature of the combination is not unusual

(Council Directive 89/104, Art. 3(1)(c))

6.. Approximation of laws – Trade marks – Directive 89/104 – Registration of a new trade mark – Examination of the sign by the competent authority – Registration for certain goods or services on condition that they do not possess a particular characteristic – Not permissible

(Council Directive 89/104)

7.. Approximation of laws – Trade marks – Directive 89/104 – Registration of a new trade mark – Examination of the sign by the competent authority – Refusal to register limited to manifestly inadmissible marks – Not permissible

(Council Directive 89/104, Art. 3)

1.

2.

3.

4.

5.

6.

7.