Source: EURLEX
Language: en
Format: md

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| 10.11.2007 | EN | Official Journal of the European Union | C 269/11 |

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Judgment of the Court (Grand Chamber) of 11 September 2007 — Reference for a preliminary ruling from the Cour d'appel de Nancy, France — Céline SARL v Celine SA

(Case C-17/06)[(1)](#ntr1-C_2007269EN.01001101-E0001)

(Trade marks - Articles 5(1)(a) and 6(1)(a) of First Directive 89/104/EEC - Right of the proprietor of a registered trade mark to oppose the use by a third party of a sign which is identical to the mark - Use of the sign as a company, trade or shop name - Right of the third party to use his name)

(2007/C 269/21)

Language of the case: French

Referring Party

Cour d'appel de Nancy

Parties to the main proceedings

Applicant: Céline SARL

Defendant: Céline SA

Re:

Reference for a preliminary ruling — Cour d'appel de Nancy — Interpretation of Article 5(1) of Directive 89/104/EEC: 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](./../../../legal-content/EN/AUTO/?uri=OJ:L:1989:040:TOC)) — Use of a sign identical to a registered word mark as a company name and shop name in connection with the marketing of identical goods.

Operative part of the judgment

The unauthorised use by a third party of a company name, trade name or shop name which is identical to an earlier mark in connection with the marketing of goods which are identical to those in relation to which that mark was registered constitutes use which the proprietor of that mark is entitled to prevent in accordance with Article 5(1)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, where the use is in relation to goods in such a way as to affect or to be liable to affect the functions of the mark.

Should that be the case, Article 6(1)(a) of Directive 89/104 can operate as a bar to such use being prevented only if the use by the third party of his company name or trade name is in accordance with honest practices in industrial or commercial matters.

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