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Case C-495/07: Reference for a preliminary ruling from the Oberster Patent- und Markensenat (Austria) lodged on 14 November 2007 — Silberquelle GmbH v Maselli-Strickmode GmbH
ECLI:EU:UNKNOWN:62007CN0495
62007CN0495
January 1, 2007
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26.1.2008
Official Journal of the European Union
C 22/26
(Case C-495/07)
(2008/C 22/51)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Silberquelle GmbH
Defendant: Maselli-Strickmode GmbH
Question referred
Are Articles 10(1) and 12(1) of the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (Trade Mark Directive) (1) to be interpreted as meaning that a trade mark is being put to genuine use if it is used for goods (here: alcohol-free drinks) which the proprietor of the trade mark gives, free of charge, to purchasers of his other goods (here: textiles) after conclusion of the purchase contract?
(1) OJ 1989 L 40, p. l.
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