BVBA Management, Training en Consultancy v Benelux-Merkenbureau.
Date: 2007-02-15
30. It should be noted at the outset that the examination of the grounds for refusal listed in Article 3 of the Directive in particular, which takes place when registration is applied for, must be thorough and full in order to ensure that trademarks are not improperly registered ( Koninklijke KPN Nederland , paragraph 123 and the case-law cited).
31. Moreover, the Court has ruled that, since registration of a mark is always sought in respect of the goods or services described in the application for registration, the question whether or not any of the grounds for refusal set out in Article 3 of the Directive apply to the mark must be assessed specifically by reference to those goods or services ( Koninklijke KPN Nederland , paragraph 33).
32. The Court has also held that, where registration of a mark is sought in respect of various goods or services, the competent authority must check, in relation to each of those goods or services, that none of the grounds for refusal listed in Article 3(1) of the Directive applies to the mark and may reach different conclusions depending upon the goods or services in question ( Koninklijke KPN Nederland , paragraph 73).
34. It follows, firstly, that an examination of the grounds for refusal listed in Article 3 of the Directive must be carried out in relation to each of the goods and services for which trade mark registration is sought and, secondly, that the decision of the competent authority refusing registration of a trade mark must, in principle, state reasons in respect of each of those goods or services.
36. The duty upon the competent authority to state reasons for refusing to register a trade mark in relation to each of the goods or services for which such registration is sought also arises from the essential requirement for any decision of a national authority refusing the benefit of a right conferred by Community law to be subject to judicial review which is designed to secure effective protection for that right and which, accordingly, must cover the legality of the reasons for the decision (see, to that effect, Case 222/86 Heylens and Others  [1987] ECR 4097, paragraphs 14 and 15).
37. However, where the same ground of refusal is given for a category or group of goods or services, the competent authority may use only general reasoning for all of the goods and services concerned.
38. In the light of the foregoing, the answer to the first question must be that the Directive must be interpreted as meaning that, when refusing registration of a trade mark, the competent authority is required to state in its decision its conclusion for each of the individual goods and services specified in the application for registration, regardless of the manner in which that application was formulated. However, where the same ground of refusal is given for a category or group of goods or services, the competent authority may use only general reasoning for all of the goods or services concerned.
The second part of the third question
45. According to settled case-law, in the absence of Community legislation governing a particular aspect of a matter falling within the scope of Community law, it is for the domestic legal system of each Member State to lay down the detailed procedural rules governing court actions for safeguarding rights which individuals derive from Community law; such rules must not be less favourable than those governing similar domestic actions (principle of equivalence) and must not render virtually impossible or excessively difficult the exercise of rights conferred by Community law (principle of effectiveness) (see, to that effect, Case C-472/99 Clean Car Autoservice [2001] ECR I-9687, paragraph 28 and the case-law cited).
47. It also follows from the Court’s case-law that a court asked to review a decision on an application to register a trade mark must also have regard to all the relevant facts and circumstances, subject to the limits on the exercise of its powers as defined by the relevant national legislation (see, to that effect, Koninklijke KPN Nederland,  paragraph 36).
52. It must be borne in mind in this regard that, in accordance with settled case-law, in the context of the cooperation between the Court and the national courts provided for in Article 234 EC, it is solely for the national court before which a dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. However, the Court has no jurisdiction to give a preliminary ruling on a question submitted by a national court where it is quite obvious, inter alia, that the interpretation of Community law sought by that court bears no relation to the actual facts of the main action or its purpose or where the problem is hypothetical (see, to that effect, Case C-350/03 Schulte [2005] ECR I-9215, paragraph 43 and the case-law cited).
58. The Court has already held, firstly, that the competent authority must have regard to all the relevant facts and circumstances before adopting a final decision on an application to register a trade mark and, secondly, that a court asked to review such a decision must also have regard to all the relevant facts and circumstances, subject to the limits on the exercise of its powers as defined by the relevant national legislation (see, to that effect, Koninklijke KPN Nederland,  paragraph 36).