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Document 62000CJ0291
Judgment of the Court of 20 March 2003. # LTJ Diffusion SA v Sadas Vertbaudet SA. # Reference for a preliminary ruling: Tribunal de grande instance de Paris - France. # Trade marks - Approximation of laws - Directive 89/104/EEC - Article 5(1)(a) - Notion of sign which is identical with the trade mark - Use of the distinctive element of the mark to the exclusion of other elements - Use of all the elements making up the trade mark but with the addition of other elements. # Case C-291/00.
Judgment of the Court of 20 March 2003.
LTJ Diffusion SA v Sadas Vertbaudet SA.
Reference for a preliminary ruling: Tribunal de grande instance de Paris - France.
Trade marks - Approximation of laws - Directive 89/104/EEC - Article 5(1)(a) - Notion of sign which is identical with the trade mark - Use of the distinctive element of the mark to the exclusion of other elements - Use of all the elements making up the trade mark but with the addition of other elements.
Case C-291/00.
Judgment of the Court of 20 March 2003.
LTJ Diffusion SA v Sadas Vertbaudet SA.
Reference for a preliminary ruling: Tribunal de grande instance de Paris - France.
Trade marks - Approximation of laws - Directive 89/104/EEC - Article 5(1)(a) - Notion of sign which is identical with the trade mark - Use of the distinctive element of the mark to the exclusion of other elements - Use of all the elements making up the trade mark but with the addition of other elements.
Case C-291/00.
European Court Reports 2003 I-02799
ECLI identifier: ECLI:EU:C:2003:169
«(Trade marks – Approximation of laws – Directive 89/104/EEC – Article 5(1)(a) – Notion of sign which is identical with the trade mark – Use of the distinctive element of the mark to the exclusion of other elements – Use of all the elements making up the trade mark but with the addition of other elements)»
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(Council Directive 89/104, Arts 4(1)(a), and 5(1)(a) and (b))
JUDGMENT OF THE COURT
20 March 2003 (1)
((Trade marks – Approximation of laws – Directive 89/104/EEC – Article 5(1)(a) – Notion of sign which is identical with the trade mark – Use of the distinctive element of the mark to the exclusion of other elements – Use of all the elements making up the trade mark but with the addition of other elements))
In Case C-291/00, REFERENCE to the Court under Article 234 EC by the Tribunal de grande instance de Paris (France) for a preliminary ruling in the proceedings pending before that court between LTJ Diffusion SAand
Sadas Vertbaudet SA, on the interpretation of Article 5(1)(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,,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of LTJ Diffusion SA, represented by F. Fajgenbaum, of Sadas Vertbaudet SA, represented by A. Bertrand, of the French Government, represented by A. Maitrepierre, acting as Agent, of the United Kingdom Government, represented by M. Tappin, barrister, and of the Commission, represented by K. Banks, at the hearing on 10 October 2001,
after hearing the Opinion of the Advocate General at the sitting on 17 January 2002,
gives the following
On those grounds,
THE COURT,
in answer to the question referred to it by the Tribunal de grande instance de Paris by judgment of 23 June 2000, hereby rules:
Rodríguez Iglesias |
Wathelet |
Schintgen |
Gulmann |
Jann |
Macken |
Colneric |
von Bahr |
Cunha Rodrigues |
R. Grass |
G.C. Rodríguez Iglesias |
Registrar |
President |