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?
|
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).