8.6.2013
EN
Official Journal of the European Union
C 164/6
Judgment of the Court (Fifth Chamber) of 18 April 2013 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Colloseum Holding AG v Levi Strauss & Co.
(Case C-12/12) (1)
(Trade marks - Regulation (EC) No 40/94 - Article 15(1) - Definition of ‘genuine use’ - Trade mark used only as one element of a composite mark or in conjunction with another mark)
2013/C 164/10
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Appellant: Colloseum Holding AG
Respondent: Levi Strauss & Co.
Re:
Request for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 15(1) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Concept of ‘use of a trade mark’ — Recognition of the existence of use of a trade mark forming part of a composite mark where the composite mark is used — Recognition of the existence of use of a trade mark where it is used only together with another mark, the two marks being registered both individually and together as a composite mark
Operative part of the judgment
The condition of genuine use of a trade mark, within the meaning of Article 15(1) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, may be satisfied where a registered trade mark, which has become distinctive as a result of the use of another composite mark of which it constitutes one of the elements, is used only through that other composite mark, or where it is used only in conjunction with another mark, and the combination of those two marks is, furthermore, itself registered as a trade mark.
(1) OJ C 89, 24.3.2012.
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