The German Bundespatentgericht (Federal Patent Court) recently referred two cases as a joined case to the ECJ, asking for a preliminary ruling on the interpretation of Article 3 of Directive 89/104/EEC seeking equal treatment of applicants in competition in the registration of trade marks. The cases are C-39/08 "BILD.T-ONLINE" - in Germany known as "Volks-Handy, Volks-Camcorder, Volks-Kredit" - and C-43/08 "ZVS Zeitungsvertrieb Stuttgart GmbH"; in Germany known as "SCHWABENPOST".

On its website the UKIPO now provides an English translation of the questions the Federal Patent Court has referred to the ECJ:

"The interpretation of Article 3 of Directive 89/104 on trade marks, specifically
1. Does Article 3 of Directive 89/104/EEC of 21 December 1988, which seeks to secure equality of opportunity in matters of competition, require that identical or similar applications be treated in the same way?

2. If the answer is 'yes', is the national court required to investigate specific indications of unequal treatment which distorts competition and, in doing so, to take account, in its analysis, of earlier decisions of the competent authority in similar cases?

3. If the answer is 'yes', is the national court required to take account of the prohibition of discrimination having the effect of distorting competition when interpreting and applying Article 3 of Directive 89/104 if it has established discrimination of that nature?

4. If Questions 1 to 3 are answered in the negative, in order to prevent distortion of competition, must it be possible under national legislation for the national authority to be placed under an obligation to initiate, of its own motion, an action for the annulment of trade marks which have previously been wrongly registered?"

The deadline for UK observations concerning these cases is 18 June 2008 and comments should be sent to the UKIPO by 18 April 2008 (more information here).

The Federal Patent Court's advance publication concerning "SCHWABENPOST" can be found here, the court's advance publication concerning "Volks-Handy, Volks-Camcorder, Volks-Kredit" here (both in German).