# C_2006143EN.01001001.xml

| 17.6.2006 | EN | Official Journal of the European Union | C 143/10 |
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17.6.2006

EN

Official Journal of the European Union

C 143/10

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Judgment of the Court (Third Chamber) of 30 March 2006 (reference for a preliminary ruling from the High Court of Justice (Queen's Bench Division)) — Elizabeth Florence Emanuel v Continental Shelf 128 Ltd,

(Case C-259/04) (1)

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(Trade marks of such a nature as to deceive the public or liable to mislead the public as to the nature, quality or geographical origin of a product - Trade mark assigned by the proprietor together with the undertaking producing the goods to which the mark relates - Directive 89/104/EEC)

(2006/C 143/18)

Language of the case: English

Referring court

High Court of Justice (Queen's Bench Division)

Parties to the main proceedings

Applicant(s): Elizabeth Florence Emanuel

Applicant(s):

Defendant(s): Continental Shelf 128 Ltd,

Defendant(s):

Re:

Reference for a preliminary ruling — High Court of Justice (Queen's Bench Division) — Interpretation of Articles 3(1)(g) and 12(2)(b) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks — Trade marks which are of such a nature as to deceive the public or to mislead it as to the nature, quality or geographical origin of a product — Trade mark assigned by the proprietor together with the undertaking producing the goods to which that mark relates — ‘Elizabeth Emanuel’ wedding dresses

Operative part of the judgment

| 1. | A trade mark corresponding to the name of the designer and first manufacturer of the goods bearing that mark may not, by reason of that particular feature alone, be refused registration on the ground that it would deceive the public, within the meaning of Article 3(1)(g) of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, in particular where the goodwill associated with that trade mark, previously registered in a different graphic form, has been assigned together with the business making the goods to which the mark relates. |
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1.

A trade mark corresponding to the name of the designer and first manufacturer of the goods bearing that mark may not, by reason of that particular feature alone, be refused registration on the ground that it would deceive the public, within the meaning of Article 3(1)(g) of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, in particular where the goodwill associated with that trade mark, previously registered in a different graphic form, has been assigned together with the business making the goods to which the mark relates.

| 2. | A trade mark corresponding to the name of the designer and first manufacturer of the goods bearing that mark is not, by reason of that particular feature alone, liable to revocation on the ground that that mark would mislead the public, within the meaning of Article 12(2)(b) of Directive 89/104, in particular where the goodwill associated with that mark has been assigned together with the business making the goods to which the mark relates. |
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2.

A trade mark corresponding to the name of the designer and first manufacturer of the goods bearing that mark is not, by reason of that particular feature alone, liable to revocation on the ground that that mark would mislead the public, within the meaning of Article 12(2)(b) of Directive 89/104, in particular where the goodwill associated with that mark has been assigned together with the business making the goods to which the mark relates.

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(1)  OJ C 217 28.8.2004.

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