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3.9.2005 |
EN |
Official Journal of the European Union |
C 217/4 |
JUDGMENT OF THE COURT
(Second Chamber)
of 7 July 2005
in Case C-418/02: Reference for a preliminary ruling from the Bundespatentgericht in Praktiker Bau- und Heimwerkermärkte AG (1)
(Trade marks - Directive 89/104/EEC - Trade marks in respect of services - Registration - Services provided in connection with retail trade - Specification of content of services - Similarity between the services in question and goods or other services)
(2005/C 217/08)
Language of the case: German
In Case C-418/02: reference for a preliminary ruling under Article 234 EC from the Bundespatentgericht (Germany), made by decision of 15 October 2002, received at the Court on 20 November 2002, in the proceedings concerning Praktiker Bau- und Heimwerkermärkte AG — the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, C. Gulmann (Rapporteur), R. Schintgen, N. Colneric and J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, gave a judgment on 7 July 2005, in which it ruled:
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1. |
The concept of ‘services’ referred to by First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, in particular in Article 2, covers services provided in connection with retail trade in goods. |
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2. |
For the purposes of registration of a trade mark for such services, it is not necessary to specify in detail the service(s) in question. However, details must be provided with regard to the goods or types of goods to which those services relate. |