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1.10.2005 |
EN |
Official Journal of the European Union |
C 243/7 |
Reference for a preliminary ruling from the Bundesgerichtshof by order of that court of 2 June 2005 in Montex Holdings Ltd. v Diesel S.p.A.
(Case C-281/05)
(2005/C 243/10)
Language of the case: German
Reference has been made to the Court of Justice of the European Communities by order of the Bundesgerichtshof (Germany) of 2 June 2005, received at the Court Registry on 13 July 2005, for a preliminary ruling in the proceedings between Montex Holdings Ltd. and Diesel S.p.A. on the following questions concerning the interpretation of Article 5(1) and (3) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (1) and concerning Articles 28 to 30 EC:
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(a) |
Does a registered trade mark grant its proprietor the right to prohibit the transit of goods with the sign? |
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(b) |
If the answer is in the affirmative: may a particular assessment be based on the fact that the sign enjoys no protection in the country of destination? |
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(c) |
If the answer to (a) is in the affirmative and irrespective of the answer to (b), is a distinction to be drawn according to whether the article whose destination is a Member State comes from a Member State, an associated State or a third country? Is it relevant in this regard whether the article has been produced in the country of origin lawfully or in infringement of a right to a sign existing there held by the trade-mark proprietor? |