Second BAVARIAN dead B ah RH B for ECJ

The IPKat straight experienced that last week referred the German highest court a question to the ECJ regarding the conflict between the geographical announcement (GI) BAVARIAN TOTENBAHRE ("Bavarian beer"), which 2001 (the request first 1994 posed) on the basis of the then present regulation 2081/92 and the trade marking adjustment for BAVARIA HOLLAND BEER was protected, Germany marked, by priority date of 1995 and "beer".The applicants covered, which require Bavarian Brauerbund e.V. (Bavarian brewery connection) that the IR owner cancellation of the IR unites German marking on the basis that it hurts the GI. The parties are over the question, whether the regulation was granted, on the basis of the protection "Bavarian beer", are valid. The question of the validity of this regulation already is from the procedures before the European Court of Justice subject to, which is referred by an Italian court, which also hears that procedure between that referred two parties.The German highest court now further questions regarding the relationship between trade marks and a GI, which were granted in the process "of the simplified" procedures. The questions refer in particular on the date priority of the GIs and whether application the date, if -- like the case in simplified procedures -- only the adjustment of the GIs is published, its application.A second question refers on the regulation is relevant, according to which "Bavarian beer" was registered and whether it is inadmissible. If so, the court asks whether the applicant protection on the basis of national right [ resolution of 14 to state can do. February � I ZR 2008 69/04 � BAVARIA. Source: Germans court-press-oh-arrange NR. 30/2008] (the information, which is supplied by the friend Kathrin Vowinckel).The IPKat of the IPKats, it assumes that the ECJ combines this reference with the former Italian of one. Merpel adds, this Bavaria, the beers probably a pleasant change of this whole Budweiser... make
Source: http://ipkitten.blogspot.com/2008/02/second-bayerisches-bier-case-for-ecj.html

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