Order — ECLI:EU:C:2015:161
Date: 2015-03-10
Language of the case: Spanish
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary — Order of the Court (Third Chamber), 10 March 2015 1. Questions referred for a preliminary ruling — Questions the answer to which may be clearly deduced from the Court’s existing case-law — Application of Article 99 of the Rules of Procedure (Rules of Procedure of the Court of Justice, Art. 99) 2. Approximation of laws — Trade marks — Rights conferred by a trade mark — Right to prohibit use of the mark — Any third party — Meaning — Proprietor of a later trade mark — Included — Action for infringement — No need to wait until the later mark has been declared invalid (European Parliament and Council Directive 2008/95, Art. 5(1)) 1. See the text of the decision. (see paras 18, 19) 2. Article 9(1) of Regulation No 207/2009 on the Community trade mark must be interpreted as meaning that the exclusive right of the proprietor of a Community trade mark to prohibit any third party from using, in the course of trade, signs identical, or similar, to its trade mark extends to a third-party proprietor of a later registered Community trade mark, and there is no need to wait until the later mark has been declared invalid. (see para. 31, operative part)