«(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)»

1.. Approximation of laws – Trade marks – Directive 89/104 – Registration of a new trade mark – Examination of the sign by the competent authority – Taking account of all the relevant facts and circumstances (Council Directive 89/104, Art. 3)

2.. Approximation of laws – Trade marks – Directive 89/104 – Registration of a new trade mark – Examination of the sign by the competent authority – Registration in another Member State of a similar mark for similar goods or services – No effect (Council Directive 89/104, Art. 3)

3.. Approximation of laws – Trade marks – Directive 89/104 – Refusal of registration or invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of goods or services – Existence of more usual signs or indications for designating the same characteristics – Number of competitors who may have an interest in using the same signs or indications – No effect – Whether registration extends, in a system where a number of languages coexist, to translations of a word mark – Verification of the translations by the competent authority (Council Directive 89/104, Art. 3(1)(c))

4.. Approximation of laws – Trade marks – Directive 89/104 – Refusal of registration or invalidity – Trade mark devoid of distinctive character – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product – Relation between the provisions of Article 3(1)(b) and Article 3(1)(c) (Council Directive 89/104, Art. 3(1)(b) and (c))

5.. Approximation of laws – Trade marks – Directive 89/104 – Refusal of registration or invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product – Definition – Word mark composed of elements descriptive of characteristics of the goods or services concerned – Included where the nature of the combination is not unusual (Council Directive 89/104, Art. 3(1)(c))

6.. Approximation of laws – Trade marks – Directive 89/104 – Registration of a new trade mark – Examination of the sign by the competent authority – Registration for certain goods or services on condition that they do not possess a particular characteristic – Not permissible (Council Directive 89/104)

7.. Approximation of laws – Trade marks – Directive 89/104 – Registration of a new trade mark – Examination of the sign by the competent authority – Refusal to register limited to manifestly inadmissible marks – Not permissible (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

and

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),,

composed of: V. Skouris, acting for the President of the Sixth Chamber, C. Gulmann, J.N. Cunha Rodrigues, R. Schintgen and F. Macken (Rapporteur), Judges,

Advocate General: D. Ruiz-Jarabo Colomer,

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

Community legislation

...

...

.

The Uniform Benelux Law on Trade Marks

Observations submitted to the Court

The Court's reply

Observations submitted to the Court

The Court's reply

Observations submitted to the Court

The Court's reply

Observations submitted to the Court

The Court's reply

Observations submitted to the Court

The Court's reply

Observations submitted to the Court

The Court's reply

Observations submitted to the Court

The Court's reply

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

Delivered in open court in Luxembourg on 12 February 2004.

R. Grass

V. Skouris

Registrar

President