Judgment — ECLI:EU:C:2009:422
Date: 2009-07-02
Language of the case: German
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: External relations;Trade marks;Commercial policy;Intellectual, industrial and commercial property
Concepts: Measures to combat counterfeiting in trade with third countries
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Common commercial policy – Measures to prevent counterfeit or pirated goods being placed on the market – Regulation No 1383/2003 – Action by the customs authorities (Council Regulations No 40/94, Art. 146, No 1383/2003, Art. 5(4), and No 1992/2003) Article 5(4) of Regulation No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights, read in the light of Article 146 of Regulation No 40/94 on the Community trade mark, as amended by Regulation (No) 1992/2003, is to be interpreted as allowing the holder of an internationally registered trade mark to secure action by the customs authorities of one or more other Member States, besides that of the Member State in which it is lodged, just like the proprietor of a Community trade mark. Article 146(2) of Regulation No 40/94, as inserted by Regulation No 1992/2003, provides that the international registration of a trade mark designating the European Community is to have the same effect as the registration of a mark as a Community trade mark. The Community legislature thus meant, so far as their practical effects are concerned, to treat internationally registered marks as Community trade marks. Following the assimilation into Community trade marks of internationally registered trade marks, it must necessarily be accepted that, in conformity with the Community legislature’s intention in adopting Regulation No 1992/2003, the application of Article 5(4) of Regulation No 1383/2003 may also be requested by the holder of an internationally registered trade mark. (see paras 21-22, 25-26, operative part)