Request for a preliminary ruling from the Cour de cassation (France) lodged on 28 February 2024 – PMJC SAS v [W] [X], [M] [X], [X] Créative SAS

(Case C-168/24, PMJC)

(C/2024/3444)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: PMJC SAS

Defendant: [W] [X], [M] [X], [X] Créative SAS

Question referred

Must Article 12(2)(b) of Directive 2008/95/EC (1) of 22 October 2008 to approximate the laws of the Member States relating to trade marks and Article 20(b) of Directive (EU) 2015/2436 of 16 December 2015  (2) to approximate the laws of the Member States relating to trade marks be interpreted as precluding the revocation of a trade mark consisting of the surname of a designer on the grounds that it is used after the assignment in such a way as to make the public actually believe that that designer is still involved in the design of the goods bearing the mark, when that is no longer the case?

(1)  Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008 L 299, p. 25).

(2)  Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ 2015 L 336, p. 1).