Source: EURLEX
Language: en
Format: md

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| 26.4.2008 | EN | Official Journal of the European Union | C 107/18 |

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Reference for a preliminary ruling from the Hof van Cassatie van België lodged on 18 February 2008 — UDV North America Inc v Brandtraders NV

(Case C-62/08)

(2008/C 107/26)

Language of the case: Dutch

Referring court

Hof van Cassatie van België

Parties to the main proceedings

Appellant: UDV North America Inc

Respondent: Brandtraders NV

Questions referred

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| (1) | For there to be use of the sign within the meaning of Article 9(1)(a) and (2)(d) of Council Regulation 40/94[(1)](#ntr1-C_2008107EN.01001801-E0001) of 20 December 1993 on the Community trade mark, is it necessary that a third party, within the meaning of Article 9(1)(a) of the Regulation:   |  |  | | --- | --- | | (a) | uses the sign on his own behalf? |  |  |  | | --- | --- | | (b) | uses the sign as an interested party in relation to trade in goods in which he is himself a contractual party? | |

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| (2) | Can a trade intermediary who acts in his own name, but not on his own behalf, be regarded as a third party who uses the sign within the meaning of Article 9(1)(a) and (2)(d)? |

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