Judgment_paragraph 56 · Sky plc and Others v Skykick UK Limited and Skykick Inc (C-371/18)

56As regards, first, the provisions of First Directive 89/104, it must be noted that Article 3 of that directive provides a list of the grounds for invalidity which do not include the lack of clarity and precision of the terms used to designate the goods and services covered by the registration of a national trade mark. The seventh recital of that directive states that those grounds for invalidity are listed in an exhaustive manner, even if some of those grounds are optional for the Member States (see, to that effect, judgments of 18 June 2002, Philips, C‑299/99, EU:C:2002:377, paragraph 74; of 12 February 2004, Koninklijke KPN Nederland, C‑363/99, EU:C:2004:86, paragraph 78; and of 9 March 2006, Matratzen Concord, C‑421/04, EU:C:2006:164, paragraph 19). Consequently, First Directive 89/104 prohibits Member States from introducing grounds for invalidity other than those expressly provided for in that directive (see, by analogy, judgment of 27 June 2013, Malaysia Dairy Industries, C‑320/12, EU:C:2013:435, paragraph 42).

Sky plc and Others v Skykick UK Limited and Skykick Inc (C-371/18)

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