Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf of 17 February 2004 in proceedings between MEDION AG and THOMSON multimedia Sales Germany & Austria GmbH

(Case C-120/04)

(2004/C 106/55)

The Oberlandesgericht (Higher Regional Court) Düsseldorf, on the basis of its decision of 17 February 2004, received at the Court's Registry on 5 March 2004, in the proceedings pending before that court between MEDION AG and THOMSON multimedia Sales Germany & Austria GmbH, refers to the Court of Justice for the European Communities for a preliminary ruling the following question:

Is Article 5(1)(b) of First Council Directive 89/104/EEC (1) of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p.1; hereinafter ‘the Trade Mark Directive’) to be interpreted as meaning that there is a likelihood of confusion on the part of the public owing to the identity of the goods or services covered by competing signs in a case where an earlier word mark with normal distinctiveness is reproduced in a later composite word sign belonging to a third party, or in a word or figurative sign belonging to a third party that is characterised by parts of a word, in such a way that the third party's company name is placed in front of the earlier mark and the earlier mark, though not alone characterising the overall impression conveyed by the composite sign, has an independent distinctive role within the composite sign?

(1)  OJ 1989 L 40, p.1