CELEX: 62013CN0421
Language: en
Date: 2013-07-24 00:00:00
Title: Case C-421/13: Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 24 July 2013 — Apple, Inc. v Deutsches Patent- und Markenamt

26.10.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 313/8
            
         Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 24 July 2013 — Apple, Inc. v Deutsches Patent- und Markenamt
   (Case C-421/13)
   2013/C 313/15
   Language of the case: German
   
      Referring court
   
   Bundespatentgericht
   
      Parties to the main proceedings
   
   
      Applicant: Apple, Inc.
   
      Defendant: Deutsches Patent- und Markenamt
   
      Questions referred
   
   
               1.
            
            
               Is Article 2 of the Directive (1) to be interpreted as meaning that the possibility of protection for the ‘packaging of goods’ also extends to the layout in which a service is incorporated?
            
         
               2.
            
            
               Are Articles 2 and 3(1) of the Directive to be interpreted as meaning that a sign representing the layout in which the service is incorporated is capable of being registered as a trade mark?
            
         
               3.
            
            
               Is Article 2 of the Directive to be interpreted as meaning that the requirement of graphic representability is satisfied by a drawn representation alone or with such additions as a description of the layout or indications of absolute dimensions in metres or of relative dimensions with indications as to proportions?
            
         
               4.
            
            
               Is Article 2 of the Directive to be interpreted as meaning that the scale of the protection afforded by a trade mark for retail services also extends to the goods produced by the retailer itself?
            
         
      (1)  Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008 L 299, p. 25).