C-108/05P

Bovemij Verzekeringen N.V. v Benelux-Mekenbureau (Benelux Trademarks Office)

The following questions of the case have been referred to the Court of Justice:

• [Omissis: question submitted to the Benelux Court of Justice]
• Must Article 3(3) of the Directive be interpreted as meaning that in order to acquire distinctive character (in the present case through a Benelux trade mark) as a result of use, as referred to in that provision, it is necessary that the sign be regarded as a trade mark, before the date of application, by the relevant public throughout the Benelux territory and, therefore, in Belgium, Netherlands and Luxembourg?

If the answer to question 2 is in the negative:

• Is the condition for registration laid down in Article 3(3) of the Directive satisfied, for the purposes of that provision, if the sign, as result of the use made of it, is regarded as a trade mark by the relevant section of the public in a substantial part of the Benelux territory and can this substantial part be, for example, the Netherlands alone?
• When assessing distinctive character acquired through use, within the meaning of Article 3(3) of the Directive, of a sign – consisting of one or more words of an official language in the territory of a Member State (or, as in the case in point, the Benelux territory) – is it necessary to take into account the language regions within that territory?

For registration as a mark, should the other requirements for registration be satisfied, is it sufficient if/required that the sign be regarded as a trade mark by the relevant section of the public in a substantial part of the language region of the Member State (or, as in the case in point, of the Benelux territory) in which that language is an official language?