C‑409/12Backaldrin Österreich The Kornspitz Company GmbH v Pfahnl Backmittel GmbH

Domstolens egne nøkkelord

Trade marks — Directive 2008/95/EC — Article 12(2)(a) — Revocation — Trade mark which, in consequence of acts or inactivity of the proprietor, has become the common name in the trade for a product or service in respect of which it is registered — Perception of the word sign ‘KORNSPITZ’ by sellers, on the one hand, and by end users, on the other — Loss of distinctive character from the point of view of end users only.

Tolker