# C_2017283EN.01000502.xml

| 28.8.2017 | EN | Official Journal of the European Union | C 283/5 |
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28.8.2017

EN

Official Journal of the European Union

C 283/5

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Judgment of the Court (Tenth Chamber) of 6 July 2017 (request for a preliminary ruling from the Audiencia Provincial de Burgos — Spain) — Juan Moreno Marín, María Almudena Benavente Cárdaba, Rodrigo Moreno Benavente v Abadía Retuerta, SA

(Case C-139/16) (1)

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((Reference for a preliminary ruling - Trade marks - Directive 2008/95/EC - Article 3(1)(c) - National word mark La Milla de Oro - Grounds for refusal of registration or invalidity - Signs indicating geographical origin))

(2017/C 283/07)

Language of the case: Spanish

Referring court

Referring court

Audiencia Provincial de Burgos

Parties to the main proceedings

Parties to the main proceedings

Applicants: Juan Moreno Marín, María Almudena Benavente Cárdaba, Rodrigo Moreno Benavente

Applicants:

Defendant: Abadía Retuerta SA

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | A sign such as ‘la Milla de Oro’, referring to the characteristic of a product or service which is that it can be found in abundance in a single place with a high degree of value and quality, cannot constitute an indication of geographical origin, since that sign must be accompanied by a name designating a geographical place so that the actual physical space with which a strong concentration of a product or service of a high degree of value or quality is associated may be identified. |
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A sign such as ‘la Milla de Oro’, referring to the characteristic of a product or service which is that it can be found in abundance in a single place with a high degree of value and quality, cannot constitute an indication of geographical origin, since that sign must be accompanied by a name designating a geographical place so that the actual physical space with which a strong concentration of a product or service of a high degree of value or quality is associated may be identified.

| 2. | Article 3(1)(c) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that a sign such as ‘la Milla de Oro’, referring to the characteristic of a product or service which is that such a product or service can be found in abundance in a single place with a high degree of value, is unlikely to have characteristics the use of which as a trade mark would constitute a ground for invalidity within the meaning of that provision. |
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2.

Article 3(1)(c) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that a sign such as ‘la Milla de Oro’, referring to the characteristic of a product or service which is that such a product or service can be found in abundance in a single place with a high degree of value, is unlikely to have characteristics the use of which as a trade mark would constitute a ground for invalidity within the meaning of that provision.

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(1)  OJ C 200, 6.6.2016.

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