C-517/99

Merz & Krell Gmbh & Co v. Deutsches Patentamt

The following question concerning the interpretation of Article 3(1)(d) of the First Council Directive of 21 December 1988 to approximate the laws of the Member States relating to trade marks (89/104/EEC) (OJ L40, p.1, of 11 February 1989) is hereby referred to the Court of Justice of the European Communities for a preliminary ruling:

Is Article 3(1)(d) of the First Council Directive of 21 December 1988 to approximate the laws of the Member States relating to trade marks (89/104/EEC) to be interpreted restrictively, contrary to the wording thereof, as meaning that only signs or indications which directly describe goods and services for which registration has specifically been applied, or the essential characteristics or features thereof, are affected by the bar to registration? Or is the provision to be construed as meaning that, in addition to "free signs" and generic names, signs or indications which have become customary in the current language or in the bona fide and established practices of the trade in the relevant or a similar sector as advertising slogans, indications of quality or incitements to purchase etc., without directly describing the specific characteristics of the goods or services for which registration has been applied, may likewise not be registered?