Source: EURLEX
Language: en
Format: md

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| 26.10.2013 | EN | Official Journal of the European Union | C 313/8 |

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Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 24 July 2013 — Netto Marken Discount AG & Co. KG v Deutsches Patent- und Markenamt

(Case C-420/13)

2013/C 313/14

Language of the case: German

Referring court

Bundespatentgericht

Parties to the main proceedings

Applicant: Netto Marken Discount AG & Co. KG

Defendant: Deutsches Patent- und Markenamt

Questions referred

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| 1. | Is Article 2 of the directive[(1)](#ntr1-C_2013313EN.01000801-E0001) to be interpreted as meaning that a service within the meaning of this provision also encompasses retail trading in services? |

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| 2. | If the answer to the first question is in the affirmative:  Is Article 2 of the directive to be interpreted as meaning that the content of the services offered by the retailer must be specified in exactly the same way as the goods that a retailer markets?   |  |  |  |  |  |  |  |  | | --- | --- | --- | --- | --- | --- | --- | --- | | (a) | Does it suffice for the purposes of specification of the services if   |  |  | | --- | --- | | (aa) | just the field of services in general or general indications, |  |  |  | | --- | --- | | (bb) | just the class(es) or |  |  |  | | --- | --- | | (cc) | each specific individual service |   is stated? |  |  |  | | --- | --- | | (b) | Do these details then take part in determining the date of filing or is it possible, where general indications or classes are stated, to make substitutions or additions? | |

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| 3. | If the answer to the first question is in the affirmative:  Is Article 2 of the directive to be interpreted as meaning that the scope of trade mark protection afforded to retail services extends even to services rendered by the retailer himself? |

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