22The referring court states that the question cannot be regarded as having already been decided. It also notes that marks No 3 and No 6 do not differ from each other only in elements which do not alter the distinctive character of the marks and that, consequently, the conditions in Article 15(2)(a) of Regulation No 40/94 are not satisfied in this case; this distinguishes the case in the main proceedings from the facts that gave rise to the request for a preliminary ruling and the judgment in Case C-553/11 Rintisch [2012] ECR.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.