Archive for the ‘Art. 7 Directive 89/104’ Category
C-63/97
Zagadnienia:
Trade mark use.
Trade mark use in advertising.
Znaki towarowe:
BMW.
Wnioski:
1. Subject to the duty of the national court to interpret national law as far as possible in conformity with Community law, it is not contrary to the latter for a transitional rule of national law to provide that an appeal against a decision given before the date on which the rules transposing First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks into national law were belatedly brought into force is to be decided in accordance with the rules applicable before that date, even where judgment is given after that date.
2. The use of a trade mark, without the proprietor’s authorisation, for the purpose of informing the public that another undertaking carries out the repair and maintenance of goods covered by that mark or that it has specialised or is a specialist in such goods constitutes, in circumstances
such as those described in the judgment making the reference, use of the mark within the meaning of Article 5(1)(a) of First Directive 89/104.
3. Articles 5 to 7 of First Directive 89/104 do not entitle the proprietor of a trade mark to prohibit a third party from using the mark for the purpose of informing the public that he carries out the repair and maintenance of goods covered by that trade mark and put on the market under that mark by the proprietor or with his consent, or that he has specialised or is a specialist in the sale or the repair and maintenance of such goods, unless the mark is used in a way that may create to the impression that there is a commercial connection between the other undertaking and the trade mark proprietor, and in particular that the reseller’s business is affiliated to the trade mark proprietor’s distribution network or that there is a special relationship between the two undertakings.
Tekst wyroku:
C-63/97, BMW.
Opublikowany:
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