CELEX: 62007CA0301
Language: en
Date: 2009-10-06 00:00:00
Title: Case C-301/07: Judgment of the Court (Second Chamber) of 6 October 2009 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — PAGO International GmbH v Tirolmilch registrierte Genossenschaft mbH (Trade marks — Regulation (EC) No 40/94 — Article 9(1)(c) — Trade mark with a reputation in the Community — Geographical extent of the reputation)

30.1.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/3
            
         Judgment of the Court (Second Chamber) of 6 October 2009 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — PAGO International GmbH v Tirolmilch registrierte Genossenschaft mbH
   (Case C-301/07) (1)
   
   (Trade marks - Regulation (EC) No 40/94 - Article 9(1)(c) - Trade mark with a reputation in the Community - Geographical extent of the reputation)
   2010/C 24/04
   Language of the case: German
   
      Referring court
   
   Oberster Gerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: PAGO International GmbH
   
      Defendant: Tirolmilch registrierte Genossenschaft mbH
   
      Re:
   
   Reference for a preliminary ruling — Oberster Gerichtshof — Interpretation of Article 9(1)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Rights of the proprietor of a trade mark having a reputation in the Community — Trade mark having a reputation only in one Member State — Protection of the trade mark in the whole of the Community or only in one Member State
   
      Operative part of the judgment
   
   Article 9(1)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark must be interpreted as meaning that, in order to benefit from the protection afforded in that provision, a Community trade mark must be known by a significant part of the public concerned by the products or services covered by that trade mark, in a substantial part of the territory of the European Community, and that, in view of the facts of the main proceedings, the territory of the Member State in question may be considered to constitute a substantial part of the territory of the Community.
   
      (1)  OJ C 223, 22.9.2007.