Official Journal of the European Union

C 231/4

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 24 March 2017 — Peek & Cloppenburg KG v Peek & Cloppenburg KG

(Case C-148/17)

(2017/C 231/05)

Language of the case: German

Referring court


Parties to the main proceedings

Applicant: Peek & Cloppenburg KG, Hamburg

Defendant: Peek & Cloppenburg KG, Düsseldorf

Questions referred


Is the fact that the invalidity or revocation of a national trade mark which forms the basis of a claim for the seniority of an EU trade mark and which has been surrendered or allowed to lapse may be established a posteriori only where the conditions of invalidity or revocation are present not only at the time when the trade mark was surrendered or allowed to lapse but also at the time of the judicial decision establishing its invalidity or revocation, compatible with Article 14 of Directive 2008/95/EC? (1)


If the first question is answered in the affirmative:

Does claiming seniority under Article 34(2) of Regulation (EC) No 207/2009 (2) have the effect that the right under the national trade mark lapses and can no longer be used in such a way as to maintain rights attached to it, or is the national trade mark preserved by virtue of EU law, even though it no longer exists in the register of the Member State concerned, with the result that it can and must continue to be used in such a way as to maintain the rights attached to it?

(1)  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.

(2)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark, OJ 2009 L 78, p. 1.