Reference for a preliminary ruling from the Oberster Patent- und Markensenat (Austria) lodged on 14 November 2007 — Silberquelle GmbH v Maselli-Strickmode GmbH

(Case C-495/07)

(2008/C 22/51)

Language of the case: German

Referring court

Oberster Patent- und Markensenat

Parties to the main proceedings

Applicant: Silberquelle GmbH

Defendant: Maselli-Strickmode GmbH

Question referred

Are Articles 10(1) and 12(1) of the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (Trade Mark Directive) (1) to be interpreted as meaning that a trade mark is being put to genuine use if it is used for goods (here: alcohol-free drinks) which the proprietor of the trade mark gives, free of charge, to purchasers of his other goods (here: textiles) after conclusion of the purchase contract?

(1)  OJ 1989 L 40, p. l.