CELEX: 62009CN0449
Language: en
Date: 2009-11-18 00:00:00
Title: Case C-449/09: Reference for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 18 November 2009 — Canon Kabushiki Kaisha v IPN Bulgaria

17.4.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 100/13
            
         Reference for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 18 November 2009 — Canon Kabushiki Kaisha v IPN Bulgaria
   (Case C-449/09)
   2010/C 100/21
   Language of the case: Bulgarian
   
      Referring court
   
   Sofiyski gradski sad
   
      Parties to the main proceedings
   
   
      Applicant: Canon Kabushiki Kaisha
   
      Defendant: IPN Bulgaria OOD
   
      Question referred
   
   Is Article 5 of First Council Directive 89/104/EEC (1), in so far is it confers on the trade mark proprietor the exclusive right to prevent all third parties not having his consent from using in the course of trade any sign which is identical with the trade mark, for example importing or exporting goods under the sign, to be interpreted as meaning that the trade mark proprietor’s rights include the right to prohibit use of the trade mark without his consent through the importation of original goods, provided that the trade mark proprietor’s rights under Article 7 of the directive are not exhausted?
   
      (1)  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).