Case C-120/08: Judgment of the Court (Third Chamber) of 22 December 2010 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — Bavaria NV v Bayerischer Brauerbund eV (Reference for a preliminary ruling — Regulations (EEC) No 2081/92 and (EC) No 510/2006 — Temporal application — Article 14 — Registration in accordance with the simplified procedure — Relations between trade marks and protected geographical indications)
Date: 2010-12-22
Institutions: Court of Justice
Subjects: agricultural product, designation of origin, foodstuff, interpretation of the law, location of production, trade-mark law








C_2011063EN.01000201.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/2





Judgment of the Court (Third Chamber) of 22 December 2010 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — Bavaria NV v Bayerischer Brauerbund eV
(Case C-120/08) (1)

(Reference for a preliminary ruling - Regulations (EEC) No 2081/92 and (EC) No 510/2006 - Temporal application - Article 14 - Registration in accordance with the simplified procedure - Relations between trade marks and protected geographical indications)
2011/C 63/02
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Bavaria NV

Defendant: Bayerischer Brauerbund eV

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 13(1)(b) and Article 14(1) and (2) of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ 2006 L 93, p. 12), and of Article 17 of Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ 1992 L 208, p. 1) — Validity of Council Regulation (EC) No 1347/2001 of 28 June 2001 supplementing the Annex to Commission Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ 2001 L 182, p. 3) — Conflict between a protected geographical indication, registered in accordance with the simplified procedure under Article 17 of Regulation (EC) No 2081/92 (here, ‘Bayerisches Bier’) and an international trade mark (here, a mark including the word ‘Bavaria’)

Operative part of the judgment

Article 14(1) of Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs is applicable for resolving the conflict between a name validly registered as a protected geographical indication in accordance with the simplified procedure under Article 17 of that regulation and a trade mark corresponding to one of the situations referred to in Article 13 of that regulation relating to the same type of product, the application for registration of which was submitted both before the registration of that name and before the entry into force of Council Regulation (EC) No 692/2003 of 8 April 2003 amending Regulation No 2081/92. The date of the entry into force of the registration of that name constitutes the reference date for the purposes of Article 14(1) of Regulation No 2081/92.


(1)  OJ C 197, 2.8.2008.