CELEX: 62009CB0449
Language: en
Date: 2010-10-28 00:00:00
Title: Case C-449/09: Order of the Court (Fifth Chamber) of 28 October 2010 (reference for a preliminary ruling from the Sofiyski gradski sad — Bulgaria) — Canon Kabushiki Kaisha v IPN Bulgaria OOD (The first subparagraph of Article 104(3) of the Rules of Procedure — Trade marks — Directive 89/104/EEC — Right of the proprietor of a mark to oppose the first placing into circulation within the EEA, without his consent, of goods bearing that mark)

19.3.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 89/2
            
         Order of the Court (Fifth Chamber) of 28 October 2010 (reference for a preliminary ruling from the Sofiyski gradski sad — Bulgaria) — Canon Kabushiki Kaisha v IPN Bulgaria OOD
   (Case C-449/09) (1)
   
   (The first subparagraph of Article 104(3) of the Rules of Procedure - Trade marks - Directive 89/104/EEC - Right of the proprietor of a mark to oppose the first placing into circulation within the EEA, without his consent, of goods bearing that mark)
   2011/C 89/02
   Language of the case: Bulgarian
   
      Referring court
   
   Sofiyski gradski sad
   
      Parties to the main proceedings
   
   
      Applicant: Canon Kabushiki Kaisha
   
      Defendant: IPN Bulgaria OOD
   
      Re:
   
   Reference for a preliminary ruling — Sofiyski gradski sad — Interpretation of Article 5, in conjunction with Article 7 of 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) — Parallel imports of original goods without the consent of the proprietor of the right conferred by the mark — Possibility for that proprietor to prevent the use in the course of trade, without his consent, of a sign identical to the mark — Proprietor’s right not exhausted
   
      Operative part of the order
   
   Article 5 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the trade mark proprietor may oppose the first placing into circulation in the course of trade in the European Economic Area, without his consent, of original goods bearing that mark.
   
      (1)  OJ C 100, 17.4.2010.