# C_2016305EN.01001302.xml

| 22.8.2016 | EN | Official Journal of the European Union | C 305/13 |
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22.8.2016

EN

Official Journal of the European Union

C 305/13

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Request for a preliminary ruling from the Juzgado de lo Mercantil No 8 de Barcelona (Spain) lodged on 23 May 2016 — Schweppes, S.A. v Exclusivas Ramírez, S.L. and Others

(Case C-291/16)

(2016/C 305/19)

Language of the case: Spanish

Referring court

Referring court

Juzgado de lo Mercantil No 8 de Barcelona

Parties to the main proceedings

Parties to the main proceedings

Applicant: Schweppes, S.A.

Applicant:

Defendants: Exclusivas Ramírez, S.L., Red Paralela, S.L., Carbóniques Montaner, S.L., Orangina Schweppes Holding BV, Schweppes International Limited

Defendants:

Questions referred

Questions referred

| 1. | Is it compatible with Article 36 of the Treaty on the Functioning of the European Union (1) and with Article 7(1) of Directive 2008/95/EC (2) and Article 15(1) of Directive 2015/2436 (3) for the proprietor of a trade mark in one or more Member States to prevent the parallel import or marketing of products coming from another Member State, bearing a trade mark which is identical or practically identical, owned by a third party, when the said proprietor has promoted a global trade mark image associated with the Member State from which the products that it intends to prohibit come? |
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1.

Is it compatible with Article 36 of the Treaty on the Functioning of the European Union (1) and with Article 7(1) of Directive 2008/95/EC (2) and Article 15(1) of Directive 2015/2436 (3) for the proprietor of a trade mark in one or more Member States to prevent the parallel import or marketing of products coming from another Member State, bearing a trade mark which is identical or practically identical, owned by a third party, when the said proprietor has promoted a global trade mark image associated with the Member State from which the products that it intends to prohibit come?

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| 2. | Is it compatible with Article 36 of the Treaty on the Functioning of the European Union and with Article 7(1) of Directive 2008/95/EC and Article 15(1) of Directive 2015/2436 for a product to be sold under a trade mark, which is well known, within the EU, the registered proprietors maintaining a global trade mark image throughout the EEA which gives rise to confusion in the mind of an average consumer concerning the commercial origin of the product? |
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2.

Is it compatible with Article 36 of the Treaty on the Functioning of the European Union and with Article 7(1) of Directive 2008/95/EC and Article 15(1) of Directive 2015/2436 for a product to be sold under a trade mark, which is well known, within the EU, the registered proprietors maintaining a global trade mark image throughout the EEA which gives rise to confusion in the mind of an average consumer concerning the commercial origin of the product?

| 3. | Is it compatible with Article 36 of the Treaty on the Functioning of the European Union and with Article 7(1) of Directive 2008/95/EC and Article 15(1) of Directive 2015/2436 for the proprietor of national trade marks which are identical or similar in various Member States to oppose the import into a Member State where it owns the trade mark of products, identified by a trade mark identical or similar to its own, coming from a Member State in which it is not the proprietor, when at least in another Member State where it is not the proprietor of the trade mark it has expressly or tacitly consented to the import of those same products? |
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3.

Is it compatible with Article 36 of the Treaty on the Functioning of the European Union and with Article 7(1) of Directive 2008/95/EC and Article 15(1) of Directive 2015/2436 for the proprietor of national trade marks which are identical or similar in various Member States to oppose the import into a Member State where it owns the trade mark of products, identified by a trade mark identical or similar to its own, coming from a Member State in which it is not the proprietor, when at least in another Member State where it is not the proprietor of the trade mark it has expressly or tacitly consented to the import of those same products?

| 4. | Is it compatible with Article 7(1) of Directive 2008/95/EC and Article 15(1) of Directive 2015/2436 and with Article 36 of the Treaty on the Functioning of the European Union for the proprietor A of a trade mark X of a Member State to oppose the import of products identified by the said trade mark if those products come from another Member State where a trade mark identical to X (Y) is recorded as registered by another proprietor B which markets the same and:






  — | both proprietors A and B maintain intense commercial and economic relations, although there is no strict dependency regarding the joint exploitation of trade mark X; |
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4.

Is it compatible with Article 7(1) of Directive 2008/95/EC and Article 15(1) of Directive 2015/2436 and with Article 36 of the Treaty on the Functioning of the European Union for the proprietor A of a trade mark X of a Member State to oppose the import of products identified by the said trade mark if those products come from another Member State where a trade mark identical to X (Y) is recorded as registered by another proprietor B which markets the same and:

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both proprietors A and B maintain intense commercial and economic relations, although there is no strict dependency regarding the joint exploitation of trade mark X;

| — | both proprietors A and B maintain a co-ordinated trade mark strategy deliberately promoting vis-à-vis the relevant public an appearance or image of a single and global trade mark; or |
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both proprietors A and B maintain a co-ordinated trade mark strategy deliberately promoting vis-à-vis the relevant public an appearance or image of a single and global trade mark; or

| — | both proprietors A and B maintain intense commercial and economic relations, although there is no strict dependency regarding the joint exploitation of the trade mark X and in addition they maintain a co-ordinated trade mark strategy deliberately promoting vis-à-vis the relevant public an appearance or image of a single and global trade mark? |
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both proprietors A and B maintain intense commercial and economic relations, although there is no strict dependency regarding the joint exploitation of the trade mark X and in addition they maintain a co-ordinated trade mark strategy deliberately promoting vis-à-vis the relevant public an appearance or image of a single and global trade mark?

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(1)  OJ 2002 C 202.

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(2)  Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008 L 299, p. 25).

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(3)  Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ 2015 L 336, p. 1).

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