# C_2015046EN.01002201.xml

| 9.2.2015 | EN | Official Journal of the European Union | C 46/22 |
| --- | --- | --- | --- |

9.2.2015

EN

Official Journal of the European Union

C 46/22

---

Request for a preliminary ruling from the Tribunale ordinario di Torino (Italy) lodged on 10 November 2014 — Ford Motor Company v Wheeltrims srl

(Case C-500/14)

(2015/C 046/28)

Language of the case: Italian

Referring court

Referring court

Tribunale ordinario di Torino

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ford Motor Company

Applicant:

Defendant: Wheeltrims srl

Defendant:

Questions referred

Questions referred

| 1) | Is it compatible with [EU] law to interpret Article 14 of Directive 98/71 (1) and Article 110 of Regulation (EC) No 6/2002 (2) as conferring on producers of replacement parts and accessories the right to use trade marks registered by third parties in order to allow the end purchaser to restore the original appearance of a complex product and, therefore, also when the proprietor of the trade mark applies the distinctive sign in question to a replacement part or accessory intended to be mounted on the complex product in such a way that it is externally visible and thus contributes to the external appearance of the complex product? |
| --- | --- |

1)

Is it compatible with [EU] law to interpret Article 14 of Directive 98/71 (1) and Article 110 of Regulation (EC) No 6/2002 (2) as conferring on producers of replacement parts and accessories the right to use trade marks registered by third parties in order to allow the end purchaser to restore the original appearance of a complex product and, therefore, also when the proprietor of the trade mark applies the distinctive sign in question to a replacement part or accessory intended to be mounted on the complex product in such a way that it is externally visible and thus contributes to the external appearance of the complex product?

1

2

| 2) | Is the repair clause set out in Article 14 of Directive 98/71 and Article 110 of Regulation (EC) No 6/2002 to be interpreted as constituting a subjective right for third-party producers of replacement parts and accessories and, if so, does that subjective right include the right for such third parties to use the trade mark registered by another party in respect of replacement parts and accessories, by way of derogation from the rules laid down in Regulation No 207/2009 (3) and Directive (EEC) 89/104 (4) and, therefore, when the proprietor of the trade mark also applies the distinctive sign in question to a replacement part or accessory intended to be mounted on the complex product in such a way that it is externally visible and thus contributes to the external appearance of the complex product? |
| --- | --- |

2)

Is the repair clause set out in Article 14 of Directive 98/71 and Article 110 of Regulation (EC) No 6/2002 to be interpreted as constituting a subjective right for third-party producers of replacement parts and accessories and, if so, does that subjective right include the right for such third parties to use the trade mark registered by another party in respect of replacement parts and accessories, by way of derogation from the rules laid down in Regulation No 207/2009 (3) and Directive (EEC) 89/104 (4) and, therefore, when the proprietor of the trade mark also applies the distinctive sign in question to a replacement part or accessory intended to be mounted on the complex product in such a way that it is externally visible and thus contributes to the external appearance of the complex product?

3

4

---

(1)  Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs (OJ 1998 L 289, p. 28).

1

(2)  Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1).

2

(3)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

3

(4)  First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1).

4

---