Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  C series |

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|  | C/2025/5185 | 6.10.2025 |

Judgment of the Court (Third Chamber) of 1 August 2025 (request for a preliminary ruling from the Bundesgerichtshof – Germany) – Tradeinn Retail Services S.L. v PH

(Case C-76/24,
 [(1)](#ntr1-C_202505185EN.000101-E0001)
Tradeinn Retail Services)

(Reference for a preliminary ruling - Intellectual property - Trade marks - Directive (EU) 2015/2436 - Approximation of the laws of the Member States relating to trade marks - Article 10(3)(b) - Rights conferred by a trade mark - Right to prevent a third party from offering the goods, putting them on the market or stocking them for those purposes under the sign - Online trade - Goods offered for sale from a Member State other than that in which the mark is registered - Concept of ‘stocking’)

(C/2025/5185)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Tradeinn Retail Services S.L.

Defendant: PH

Operative part of the judgment

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| 1. | Article 10(3)(b) of 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  must be interpreted as meaning that the proprietor of a trade mark protected in one Member State may prohibit a third party from stocking, in the territory of another Member State, goods under a sign in the circumstances referred to in Article 10(2) of that directive in order to offer those goods for sale or to put them on the market in the Member State in which that mark is protected. |

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| 2. | Article 10(3)(b) of Directive 2015/2436  must be interpreted as meaning that in order to ‘stock’, within the meaning of that provision, goods under a sign in the circumstances referred to in Article 10(2) of that directive, it is sufficient to have control or direction over the person who has direct and actual control over those goods. |

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ELI: http://data.europa.eu/eli/C/2025/5185/oj

ISSN 1977-091X (electronic edition)

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