Source: EURLEX
Language: en
Format: md

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| 22.9.2007 | EN | Official Journal of the European Union | C 223/4 |

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Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 26 June 2007 — PAGO International GmbH v Tirolmilch registrierte Genossenschaft mbH

(Case C-301/07)

(2007/C 223/04)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: PAGO International GmbH

Defendant: Tirolmilch registrierte Genossenschaft mbH

Questions referred

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| 1. | Is a Community trade mark protected in the whole of the Community as a ‘trade mark with a reputation’ for the purposes of Article 9(1)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark[(1)](#ntr1-C_2007223EN.01000402-E0001) (Regulation 40/94) if it has a ‘reputation’ only in one Member State? |

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| 2. | If the answer to the first question is in the negative: is a mark which has a ‘reputation’ only in one Member State protected in that Member State under Article 9(1)(c) of Regulation 40/94, so that a prohibition limited to that Member State may be issued? |

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