Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 21 August 2018 — AS v Deutsches Patent- und Markenamt

(Case C-541/18)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: AS

Defendant: Deutsches Patent- und Markenamt

Question referred

Does a sign have distinctive character when there are in practice significant and obvious possibilities for it to be used as an indication of origin in respect of goods or services, even if this is not the most likely form of use of the sign? ¹

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¹ Interpretation of Article 3(1)(b) of 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).