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Document 61999CJ0363
Judgment of the Court (Sixth Chamber) of 12 February 2004.#Koninklijke KPN Nederland NV v Benelux-Merkenbureau.#Reference for a preliminary ruling: Gerechtshof te 's-Gravenhage - Netherlands.#Approximation of laws - Trade marks - Directive 89/104/EEC - Article 3(1) - Grounds for refusal to register - Taking account of all the relevant facts and circumstances - Prohibition on registering a mark in respect of certain goods or services if they do not possess a particular characteristic - Word made up of components each of which describes characteristics of the goods or services concerned.#Case C-363/99.
Judgment of the Court (Sixth Chamber) of 12 February 2004.
Koninklijke KPN Nederland NV v Benelux-Merkenbureau.
Reference for a preliminary ruling: Gerechtshof te 's-Gravenhage - Netherlands.
Approximation of laws - Trade marks - Directive 89/104/EEC - Article 3(1) - Grounds for refusal to register - Taking account of all the relevant facts and circumstances - Prohibition on registering a mark in respect of certain goods or services if they do not possess a particular characteristic - Word made up of components each of which describes characteristics of the goods or services concerned.
Case C-363/99.
Judgment of the Court (Sixth Chamber) of 12 February 2004.
Koninklijke KPN Nederland NV v Benelux-Merkenbureau.
Reference for a preliminary ruling: Gerechtshof te 's-Gravenhage - Netherlands.
Approximation of laws - Trade marks - Directive 89/104/EEC - Article 3(1) - Grounds for refusal to register - Taking account of all the relevant facts and circumstances - Prohibition on registering a mark in respect of certain goods or services if they do not possess a particular characteristic - Word made up of components each of which describes characteristics of the goods or services concerned.
Case C-363/99.
European Court Reports 2004 I-01619
ECLI identifier: ECLI:EU:C:2004:86
«(Approximation of laws – Trade marks – Directive 89/104/EEC – Article 3(1) – Grounds for refusal to register – Taking account of all the relevant facts and circumstances – Prohibition on registering a mark in respect of certain goods or services on condition that they do not possess a particular characteristic – Word composed of elements each of which is descriptive of characteristics of the goods or services concerned)»
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(Council Directive 89/104, Art. 3)
(Council Directive 89/104, Art. 3)
(Council Directive 89/104, Art. 3(1)(c))
(Council Directive 89/104, Art. 3(1)(b) and (c))
(Council Directive 89/104, Art. 3(1)(c))
(Council Directive 89/104)
(Council Directive 89/104, Art. 3)
JUDGMENT OF THE COURT (Sixth Chamber)
12 February 2004 (1)
((Approximation of laws – Trade marks – Directive 89/104/EEC – Article 3(1) – Grounds for refusal to register – Taking account of all the relevant facts and circumstances – Prohibition on registering a mark in respect of certain goods or services if they do not possess a particular characteristic – Word made up of components each of which describes characteristics of the goods or services concerned))
In Case C-363/99, REFERENCE to the Court under Article 234 EC by the Gerechtshof te 's-Gravenhage (Netherlands) for a preliminary ruling in the proceedings pending before that court between Koninklijke KPN Nederland NVand
Benelux-Merkenbureau, on the interpretation of Articles 2 and 3 of First 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 (Sixth Chamber),,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Koninklijke KPN Nederland NV, of the Benelux-Merkenbureau and of the Commission at the hearing on 15 November 2001,
after hearing the Opinion of the Advocate General at the sitting on 31 January 2002,
gives the following
On those grounds,
THE COURT (Sixth Chamber),
in answer to the questions referred to it by the Gerechtshof te 's-Gravenhage by judgment of 3 June 1999, hereby rules:
Skouris |
Gulmann |
Cunha Rodrigues |
Schintgen |
Macken |
|
R. Grass |
V. Skouris |
Registrar |
President |