Judgment of the Court (Fourth Chamber) of 2 July 2009 (Reference for a preliminary ruling from the Corte d'appello di Torino - Italy) - Bavaria NV, Bavaria Italia s.r.l v Bayerischer Brauerbund eV
(Reference for a preliminary ruling - Assessment of validity - Admissibility - Regulations (EEC) No 2081/92 and (EC) No 1347/2001 - Validity - Generic name - Coexistence of a trade mark and a protected geographical indication)
Language of the case: Italian
Referring court
Corte d'appello di Torino
Parties to the main proceedings
Applicants: Bavaria NV, Bavaria Italia s.r.l
Defendant: Bayerischer Brauerbund eV
Re:
Reference for a preliminary ruling - Corte d'appello di Torino -Validity of Council Regulation (EC) No 1347/2001 of 28 June 2001 supplementing the Annex to Commission Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ 2001 L 182, p. 3) - If valid, possibility of adverse effects, brought about by registration of the protected geographical indication 'Bayerisches Bier', on the validity or use of pre-existing marks of third parties in which the word 'Bavaria' appears.
Operative part of the judgment
1. Consideration of the first question asked by the referring court has not disclosed any factor liable to affect the validity of Council Regulation (EC) No 1347/2001 of 28 June 2001 supplementing the Annex to Commission Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92;
2. Regulation No 1347/2001 must be interpreted as having no adverse effects on the validity and the possibility of using, in one of the situations referred to in Article 13 of Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, pre-existing trade marks of third parties in which the word 'Bavaria' appears and which were registered in good faith before the date on which the application for registration of the protected geographical indication 'Bayerisches Bier' was lodged, provided that those marks are not affected by the grounds for invalidity or revocation as provided for by Article 3(1)(c) and (g) and Article 12(2)(b) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks.
____________1 - OJ C 247, 20.10.2007.