Community trade mark – Effects of Community trade marks – Rights conferred by a trade mark
(Council Regulation No 40/94, Art. 9(1)(a) and (2)(d))
The concept of ‘use’ for the purpose of Article 9(1)(a) and (2)(d) of Regulation No 40/94 on the Community trade mark covers a situation in which a trade intermediary, which is acting in its own name but on behalf of the vendor and is thus not an interested party in relation to trade in goods in which it is itself a contractual party, uses, in its business papers, a sign which is identical with a Community trade mark in relation to goods or services which are identical with those for which the mark is registered.
(see para. 54)