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Case C-139/16: Request for a preliminary ruling from the Audiencia Provincial de Burgos (Spain) lodged on 7 March 2016 — Juan Moreno Marín, María Almudena Benavente Cárdaba and Rodrigo Moreno Benavente v Abadía Retuerta, S.A.
ECLI:EU:UNKNOWN:62016CN0139
62016CN0139
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Official Journal of the European Union
C 200/6
(Case C-139/16)
(2016/C 200/09)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Juan Moreno Marín, Maria Almudena Benavente Cárdaba and Rodrigo Moreno Benavente
Other party: Abadía Retuerta, S.A.
Questions referred
1.May the prohibitions in Article 3(1)(c) of Directive 2008/95 include the use of a sign referring to the characteristic of a product or service which is that it can be found in abundance in a single place with a high degree of value and quality?
2.May a sign with these characteristics be regarded as a sign of geographical origin in so far as the product or service will always be concentrated in a specific physical area?
Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008 L 299, p. 25).