28.4.2012

Official Journal of the European Union

C 126/5

(Case C-65/12)

2012/C 126/10

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant:

Defendants:

Red Bull Nederland B.V.

Question referred

Is Article 5(2) of Directive 89/104/EEC to be interpreted as meaning that there can be due cause within the meaning of that provision also where the sign that is identical or similar to the trade mark with a reputation was already being used in good faith by the third party/parties concerned before that trade mark was filed?

Language of the case: Dutch.

First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1).

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