CELEX: 62012CN0012
Language: en
Date: 2012-01-09 00:00:00
Title: Case C-12/12: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 9 January 2012 — Colloseum Holding AG v Levi Strauss & Co.

24.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 89/13
            
         Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 9 January 2012 — Colloseum Holding AG v Levi Strauss & Co.
   (Case C-12/12)
   2012/C 89/20
   Language of the case: German
   
      Referring court
   
   Bundesgerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Colloseum Holding AG
   
      Defendant: Levi Strauss & Co.
   
      Questions referred
   
   Is Article 15(1) of Regulation (EC) No 40/94 (1) to be interpreted as meaning that:
   
               1.
            
            
               a trade mark which is part of a composite mark and has become distinctive only as a result of the use of the composite mark can be used in such a way as to preserve the rights attached to it if the composite mark alone is used?
            
         
               2.
            
            
               a trade mark is being used in such a way as to preserve the rights attached to it if it is used only together with another mark, the public sees independent signs in the two marks and, in addition, both marks are registered together as a trade mark?
            
         
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).