Vraag uit Brussel
HvJ EG, 7 juli 2006, notification of the request for preliminary ruling.Case C-254/06. Zürich Versicherungs-Gesellschaft tegen BMB. (Referring court: Cour d’appel de Bruxelles).
On 24 July 2001, Zürich filed an application for international registration of the word mark GLOBAL FINANCIAL INTELLIGENCE. On 1 March 2002, BBM notified Zürich of its decision of provisional refusal, which was reasoned as follows: The sign Global Financ ja! Intelligence is made up exclusively of generic indications and does not have any distinctive character for goods and services in Classes 16, 35, 36, 38 and 42 inasmuch as they relate to global financial information.
Op 1 juni 2006 stelt het Cour d’appel de Bruxelles een prejudiciële vraag.
”Are Articles 3 and 13 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks to be interpreted as not precluding national legislation from providing that a court hearing an appeal against a decision on an application for a trade mark registration may not check, in respect of each of the goods or services for which registration has been applied for, that none of the grounds for refusal of registration listed in Article 3(1) of the directive applies to the mark and thus reach different conclusions depending on the goods or services concerned, if the authority responsible for registering trade marks has merely issued a blanket refusal covering all the goods and services and, during the procedure before that authority, the applicant has not sought, in the alternative, partial registration for certain goods and services.”
Lees de gehele notification hier.
