TUESDAY, 15 APRIL 2008
Another trade mark question referred to the ECJ
The European Court of Justice website carries a new reference for a preliminary ruling. It is Case C-62/08 UDV North America Inc v Brandtraders NV, a reference from the Hof van Cassatie van België which asks:
"1. For there to be use of the sign within the meaning of Article 9(1)(a) and (2)(d) of Council Regulation 40/94 ... on the Community trade mark, is it necessary that a third party, within the meaning of Article 9(1)(a) of the Regulation:
(a) uses the sign on his own behalf?
(b) uses the sign as an interested party in relation to trade in goods in which he is himself a contractual party?
2. Can a trade intermediary who acts in his own name, but not on his own behalf, be regarded as a third party who uses the sign within the meaning of Article 9(1)(a) and (2)(d)?"
Posted by: Jeremy Phillips @ 09.51
Tags: ECJ reference for preliminary ruling,