CELEX: 62008CB0062
Language: en
Date: 2009-02-19 00:00:00
Title: Case C-62/08: Order of the Court (Second Chamber) of 19 February 2009 (reference for a preliminary ruling from the Hof van Cassatie van België — Belgium) — UDV North America Inc v Brandtraders NV (Article 104(3), second subparagraph, of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 9(1)(a) and (2)(d) — Right of the proprietor of a registered mark to prevent the use by a third party of a sign which is identical to the mark — Concept of use — Use of a sign which is identical to the mark by a trade intermediary in its business papers — Intermediary acting in its own name but on behalf of a vendor)

16.5.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/16
            
         Order of the Court (Second Chamber) of 19 February 2009 (reference for a preliminary ruling from the Hof van Cassatie van België — Belgium) — UDV North America Inc v Brandtraders NV
   (Case C-62/08) (1)
   
   (Article 104(3), second subparagraph, of the Rules of Procedure - Community trade mark - Regulation (EC) No 40/94 - Article 9(1)(a) and (2)(d) - Right of the proprietor of a registered mark to prevent the use by a third party of a sign which is identical to the mark - Concept of ‘use’ - Use of a sign which is identical to the mark by a trade intermediary in its business papers - Intermediary acting in its own name but on behalf of a vendor)
   2009/C 113/31
   Language of the case: Dutch
   
      Referring court
   
   Hof van Cassatie van België
   
      Parties to the main proceedings
   
   
      Applicant: UDV North America Inc
   
      Defendant: Brandtraders NV
   
      Re:
   
   Reference for a preliminary ruling — Hof van Cassatie van België — Interpretation of Article 9(1) and 2(d) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Right of the proprietor of a mark to oppose its use by a third party — Concept of use of the mark.
   
      Operative part of the order
   
   The concept of ‘use’ for the purpose of Article 9(1)(a) and (2)(d) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark covers a situation, such as that at issue in the main proceedings, in which a trade intermediary, which is acting in its own name but on behalf of the vendor and is thus not an interested party in relation to trade in goods in which it is itself a contractual party, uses, in its business papers, a sign which is identical with a Community trade mark in relation to goods or services which are identical with those for which the mark is registered.
   
      (1)  OJ C 107, 26.4.2008.