CELEX: 62016CA0381
Language: en
Date: 2017-11-23 00:00:00
Title: Case C-381/16: Judgment of the Court (Tenth Chamber) of 23 November 2017 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Salvador Benjumea Bravo de Laguna v Esteban Torras Ferrazzuolo (Reference for a preliminary ruling — Regulation (EC) No 207/2009 — EU trade mark — Article 16 — Trade mark as an object of property — Dealing with EU trade marks as national trade marks — Article 18 — Transfer of a trade mark registered in the name of the agent or representative of the trade mark’s proprietor — National provision allowing the possibility of bringing an action for recovery of ownership of a national trade mark registered in fraud of the owner’s rights or in breach of a legal or contractual obligation — Whether compatible with Regulation No 207/2009)

22.1.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/13
            
         Judgment of the Court (Tenth Chamber) of 23 November 2017 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Salvador Benjumea Bravo de Laguna v Esteban Torras Ferrazzuolo
   (Case C-381/16) (1)
   
   ((Reference for a preliminary ruling - Regulation (EC) No 207/2009 - EU trade mark - Article 16 - Trade mark as an object of property - Dealing with EU trade marks as national trade marks - Article 18 - Transfer of a trade mark registered in the name of the agent or representative of the trade mark’s proprietor - National provision allowing the possibility of bringing an action for recovery of ownership of a national trade mark registered in fraud of the owner’s rights or in breach of a legal or contractual obligation - Whether compatible with Regulation No 207/2009))
   (2018/C 022/16)
   Language of the case: Spanish
   
      Referring court
   
   Tribunal Supremo
   
      Parties to the main proceedings
   
   
      Applicant: Salvador Benjumea Bravo de Laguna
   
      Defendant: Esteban Torras Ferrazzuolo
   
      Operative part of the judgment
   
   Articles 16 and 18 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the [European Union] trade mark must be interpreted as not precluding the application to an EU trade mark of a national provision, such as that at issue in the main proceedings, under which a person harmed, by the trade mark registration which was applied for in fraud of his rights or in breach of a legal or contractual obligation, is entitled to claim ownership of that trade mark, provided that the situation concerned does not fall within those covered by Article 18 of that regulation.
   
      (1)  OJ C 335, 12.9.2016.