C-190/10

GÉNESIS SEGUROS GENERALES SOCIEDAD ANÓNIMA DE SEGUROS Y REASEGUROS v BOYS TOYS S.A. and ADMINISTRACIÓN DEL ESTADO

This case raises the following question which has been sent to the Court of Justice for a preliminary ruling:

May Article 27 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark be interpreted in such a way as to enable account to be taken not only of the day but also of the hour and minute of filing of an application for registration of a Community trade mark with OHIM (provided that such information has been recorded) for the purposes of establishing temporal priority over a national trade mark application filed on the same day, where the national legislation governing the registration of national trade marks considers the time of filing to be relevant?