7.9.2015   

EN

Official Journal of the European Union

C 294/17


Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 18 May 2015 — combit Software GmbH v Commit Business Solutions Ltd

(Case C-223/15)

(2015/C 294/22)

Language of the case: German

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings

Applicant: combit Software GmbH

Defendant: Commit Business Solutions Ltd

Question referred  (1)

In determining the likelihood of confusion of a Community word mark, what is the significance of a situation in which, from the perspective of the average consumer in some Member States, the aural similarity of the Community trade mark with another sign claimed to infringe that trade mark is eliminated by a difference in meaning, whereas from the perspective of the average consumer in other Member States it is not:

(a)

In determining the likelihood of confusion is the perspective of some Member States, of the other Member States, or that of a fictive EU average consumer decisive?

(b)

If there is a likelihood of confusion only in some Member States, has the Community trade mark been infringed across the European Union, or must the Member States be differentiated individually?


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