CJEU, 12 Feb 2009, C-39/08 (Bild digital), ECLI:EU:C:2009:91.

Bundespatentgericht (Germany)

Applicants: Bild digital GmbH & Co. KG, formerly Bild.T-Online.de AG & Co. KG (C 39/08), ZVS Zeitungsvertrieb Stuttgart GmbH (C 43/08)

Defendant: Präsident des Deutschen Patent- und Markenamts

Reference for a preliminary ruling - Bundespatentgericht (Germany) - Interpretation of Article 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) - Examination of applications for registration of trade marks on a case-by-case basis without account being taken of earlier decisions in similar situations - Refusal to register a trade mark applied for by the proprietor of a series of similar marks

The competent authority of a Member State required to rule on an application for registration of a trade mark is not required to disregard the grounds for refusal of registration set out in Article 3(1)(a), (b) and (c) of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, as amended by Council Decision 92/10/EEC of 19 December 1991, and to grant that application on the ground that the sign for which registration as a trade mark is sought is composed in a manner identical or comparable to a sign which it has already accepted for registration as a trade mark and which refers to identical or similar goods or services.