CELEX: C2004/118/42
Language: en
Date: 2004-04-30 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 29 April 2004 in Case C-371/02 (reference for a preliminary ruling from the Svea hovrätt): Björnekulla Fruktindustrier AB v Procordia Food AB (Trade marks — Directive 89/104/EEC — Article 12(2)(a) — Revocation of rights conferred by the trade mark — Trade mark which has become the common name in the trade — Relevant classes of persons for purposes of the assessment)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/24
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 29 April 2004
   in Case C-371/02 (reference for a preliminary ruling from the Svea hovrätt): Björnekulla Fruktindustrier AB v Procordia Food AB (1)
   
   (Trade marks - Directive 89/104/EEC - Article 12(2)(a) - Revocation of rights conferred by the trade mark - Trade mark which has become the common name in the trade - Relevant classes of persons for purposes of the assessment)
   (2004/C 118/42)
   Language of the case: Swedish
   In Case C-371/02: reference to the Court under Article 234 EC from the Svea hovrätt (Svea Court of Appeal) (Sweden) for a preliminary ruling in the proceedings pending before that court between Björnekulla Fruktindustrier AB and Procordia Food AB — on the interpretation of Article 12(2)(a) 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), — the Court (Sixth Chamber) composed of: V. Skouris, acting as the President of the Sixth Chamber, C. Gulmann (Rapporteur), J.N. Cunha Rodrigues, J.-P. Puissochet and R. Schintgen, Judges; P. Léger, Advocate General; H. von Holstein, Deputy Registrar, for the Registrar, has given a judgment on 29 April 2004, in which it has ruled:
   Article 12(2)(a) 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 in cases where intermediaries participate in the distribution to the consumer or the end user of a product which is the subject of a registered trade mark, the relevant classes of persons whose views fall to be taken into account in determining whether that trade mark has become the common name in the trade for the product in question comprise all consumers and end users and, depending on the features of the market concerned, all those in the trade who deal with that product commercially.
   
      (1)  OJ C 305, 7.12.2002.