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 — Netto Marken Discount AG & Co. KG v Deutsches Patent- und Markenamt

(Case C-420/13)

2013/C 313/14

Language of the case: German

Referring court

Bundespatentgericht

Parties to the main proceedings

Applicant: Netto Marken Discount AG & Co. KG

Defendant: Deutsches Patent- und Markenamt

Questions referred

1.

Is Article 2 of the directive (1) to be interpreted as meaning that a service within the meaning of this provision also encompasses retail trading in services?

2.

If the answer to the first question is in the affirmative:

Is Article 2 of the directive to be interpreted as meaning that the content of the services offered by the retailer must be specified in exactly the same way as the goods that a retailer markets?

(a)

Does it suffice for the purposes of specification of the services if

(aa)

just the field of services in general or general indications,

(bb)

just the class(es) or

(cc)

each specific individual service

is stated?

(b)

Do these details then take part in determining the date of filing or is it possible, where general indications or classes are stated, to make substitutions or additions?

3.

If the answer to the first question is in the affirmative:

Is Article 2 of the directive to be interpreted as meaning that the scope of trade mark protection afforded to retail services extends even to services rendered by the retailer himself?


(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).