CELEX: C2004/300/57
Language: en
Date: 2004-12-04 00:00:00
Title: Case C-421/04: Reference for a preliminary ruling by the Audiencia Provincial de Barcelona (15th Chamber) by decision of that court of 28 June 2004 in the case of Matratzen Concord AG against Hukla Gemany SA

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/31
            
         Reference for a preliminary ruling by the Audiencia Provincial de Barcelona (15th Chamber) by decision of that court of 28 June 2004 in the case of Matratzen Concord AG against Hukla Gemany SA
   (Case C-421/04)
   (2004/C 300/57)
   Reference has been made to the Court of Justice of the European Communities by order of the Audiencia Provincial (Provincial Court) (15th Chamber), Barcelona (Spain) of 28 June 2004, received at the Court Registry on 1 October 2004, for a preliminary ruling in the case of Matratzen Concord AG against Hukla Gemany SA on the following question:
   ‘May the validity of the registration of a trade mark in a Member State, where that trade mark is devoid of any distinctive character or serves, in trade, to designate the product which it covers or its kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of goods, in the language of another Member State when that language is not the language spoken in the first Member State, as may be the case so far as concerns use of the Spanish trade mark “MATRATZEN” to designate mattresses and related products, constitute a disguised restriction on trade between Member States?’