CELEX: C2006/131/30
Language: en
Date: 2006-06-03 00:00:00
Title: Case C-421/04: Judgment of the Court (First Chamber) of  9 March 2006  (reference for a preliminary ruling from the Audiencia Provincial de Barcelona) — Matratzen Concord AG v Hukla Germany SA (Reference for a preliminary ruling — Article 3(1)(b) and (c) of Directive 89/104/EEC — Grounds for refusal to register — Articles 28 EC and 30 EC — Free movement of goods — Measure having equivalent effect to a quantitative restriction — Justification — Protection of industrial and commercial property — National word mark registered in a Member State — Trade mark consisting of a term borrowed from the language of another Member State in which it is devoid of distinctive character and/or descriptive of the goods in respect of which the trade mark was registered)

3.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/17
            
         Judgment of the Court (First Chamber) of 9 March 2006 (reference for a preliminary ruling from the Audiencia Provincial de Barcelona) — Matratzen Concord AG v Hukla Germany SA
   (Case C-421/04) (1)
   
   (Reference for a preliminary ruling - Article 3(1)(b) and (c) of Directive 89/104/EEC - Grounds for refusal to register - Articles 28 EC and 30 EC - Free movement of goods - Measure having equivalent effect to a quantitative restriction - Justification - Protection of industrial and commercial property - National word mark registered in a Member State - Trade mark consisting of a term borrowed from the language of another Member State in which it is devoid of distinctive character and/or descriptive of the goods in respect of which the trade mark was registered)
   (2006/C 131/30)
   Language of the case: Spanish
   Referring court
   Audiencia Provincial de Barcelona
   Parties to the main proceedings
   
      Applicant: Matratzen Concord AG
   
      Defendant: Hukla Germany SA
   Re:
   Reference for a preliminary ruling — Audiencia Provincial de Barcelona — Interpretation of Article 30 EC — Protection of industrial and commercial property — Disguised restriction in trade between Member States resulting from a national word mark composed of a word which, in the language of another Member State, is descriptive of the products concerned (‘matratzen’)
   Operative part of the judgment
   Article 3(1)(b) and (c) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks does not preclude the registration in a Member State, as a national trade mark, of a term borrowed from the language of another Member State in which it is devoid of distinctive character or descriptive of the goods or services in respect of which registration is sought, unless the relevant parties in the Member State in which registration is sought are capable of identifying the meaning of the term.
   
      (1)  OJ C 300, 04.12.2004.