26.10.2013   

EN

Official Journal of the European Union

C 313/8


Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 24 July 2013 — Apple, Inc. v Deutsches Patent- und Markenamt

(Case C-421/13)

2013/C 313/15

Language of the case: German

Referring court

Bundespatentgericht

Parties to the main proceedings

Applicant: Apple, Inc.

Defendant: Deutsches Patent- und Markenamt

Questions referred

1.

Is Article 2 of the Directive (1) to be interpreted as meaning that the possibility of protection for the ‘packaging of goods’ also extends to the layout in which a service is incorporated?

2.

Are Articles 2 and 3(1) of the Directive to be interpreted as meaning that a sign representing the layout in which the service is incorporated is capable of being registered as a trade mark?

3.

Is Article 2 of the Directive to be interpreted as meaning that the requirement of graphic representability is satisfied by a drawn representation alone or with such additions as a description of the layout or indications of absolute dimensions in metres or of relative dimensions with indications as to proportions?

4.

Is Article 2 of the Directive to be interpreted as meaning that the scale of the protection afforded by a trade mark for retail services also extends to the goods produced by the retailer itself?


(1)  Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008 L 299, p. 25).