Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 9 January 2012 - Colloseum Holding AG v Levi Strauss & Co.

(Case C-12/12)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Colloseum Holding AG

Defendant: Levi Strauss & Co.

Questions referred

Is Article 15(1) of Regulation (EC) No 40/94  to be interpreted as meaning that:

1.    a trade mark which is part of a composite mark and has become distinctive only as a result of the use of the composite mark can be used in such a way as to preserve the rights attached to it if the composite mark alone is used?

2.    a trade mark is being used in such a way as to preserve the rights attached to it if it is used only together with another mark, the public sees independent signs in the two marks and, in addition, both marks are registered together as a trade mark?

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).