Source: EURLEX
Language: en
Format: md

10.11.2001 EN Official Journal of the European Communities C 317/5

**JUDGMENT OF THE COURT** _exclusively composed have become customary in the current_
_language or in the bona fide and established practices of the_
_trade to designate the goods or services in respect of which_
**of 4 October 2001** _registration of that mark is sought. It is immaterial, when that_
_provision is applied, whether the signs or indications in question_
_describe the properties or characteristics of those goods or_
**in Case C-517/99 (reference for a preliminary ruling from** _services._
**the Bundespatentgericht): Merz & Krell GmbH & Co** ( [1] )

( [1] ) OJ C 79 of 18.3.2000.

_**(Trade marks — Approximation of laws — Article 3(1)(d)**_
_**of First Directive 89/104/EEC — Grounds for refusal or**_
_**invalidity — Trade marks which consist exclusively of signs**_
_**or indications which have become customary in the current**_
_**language or in the bona fide and established practices of the**_
_**trade — Need for signs or indications to have become**_
_**customary to designate the goods or services in respect of**_
_**which registration of the mark is sought — No need for the**_
_**signs or indications to be directly descriptive of the properties**_ **JUDGMENT OF THE COURT**
_**or characteristics of the goods or services in respect of which**_
_**registration of the mark is sought)**_
**(First Chamber)**

(2001/C 317/08) **of 27 September 2001**

**in Case C-16/00 (reference for a preliminary ruling from**
_(Language of the case: German)_
**the tribunal administratif de Lille): Cibo Participations SA**
**v Directeur régional des impôts du Nord-Pas-de-Calais** ( [1] )

_(Provisional translation; the definitive translation will be published_
_in the European Court Reports)_
_**(Sixth VAT Directive — Economic activity — Involvement**_
_**of a holding company in the management of its subsidiaries**_
_**— Deduction of VAT charged on services purchased by a**_
_**holding company in the context of the acquisition of a**_
In Case C-517/99: reference to the Court under Article 177 of
_**shareholding in a subsidiary — Receipt of dividends by a**_
the EC Treaty (now Article 234 EC) from the Bundespatentge_**holding company)**_
richt (Federal Patents Court) (Germany) for a preliminary ruling
in the proceedings pending before that court by Merz & Krell
GmbH & Co — on the interpretation of Article 3(1)(d) of First
(2001/C 317/09)
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) — the Court, composed of: _(Language of the case: French)_
G.C. Rodrı´guez Iglesias, President, C. Gulmann, M. Wathelet
and V. Skouris (Presidents of Chambers), J.-.P. Puissochet,
P. Jann, L. Sevo´n, R. Schintgen, F. Macken (Rapporteur), _(Provisional translation; the definitive translation will be published_
N. Colneric and C.W.A. Timmermans, Judges; D. Ruı´z-Jarabo _in the European Court Reports)_
Colomer, Advocate General; R. Grass, Registrar, has given a
judgment on 4 October 2001, in which it has ruled:
In Case C-16/00: reference to the Court under Article 234 EC
by the tribunal administratif de Lille (Administrative Court,
Lille) (France) for a preliminary ruling in the proceedings
1. _Article 3(1)(d) of First Council Directive 89/104/EEC of_ pending before that court between Cibo Participations SA and
_21 December 1988 to approximate the laws of the Member_ Directeur régional des impôts du Nord-Pas-de-Calais — on the
_States relating to trade marks must be interpreted as only_ interpretation of Article 4(1) and (2), Article 13B(d) arid
_precluding registration of a trade mark where the signs or_ Article 17(2)(a) and (5) of the Sixth Council Directive
_indications of which the mark is exclusively composed have_ 77/388/EEC of 17 May 1977 on the harmonisation of the
_become customary in the current language or in the bona fide_ laws of the Member States relating to turnover taxes —
_and established practices of the trade to designate the goods or_ Common system of value added tax: uniform basis of assess_services in respect of which registration of that mark is sought._ ment (OJ 1977 L 145, p. 1) — the Court (First Chamber),
composed of: M. Wathelet, President of the Chamber, P. Jann
and L. Sevo´n (Rapporteur), Judges; C. Stix-Hackl, Advocate
2. _Article 3(1)(d) must also be interpreted as meaning that it_ General; D. Louterman-Hubeau, Head of Division, for the
_subjects refusal to register a trade mark to the sole condition_ Registrar, has given a judgment on 27 September 2001, in
_that the signs or indications of which the trade mark is_ which it has ruled: