This document is an excerpt from the EUR-Lex website
Document 62020CJ0466
Judgment of the Court (Fourth Chamber) of 19 May 2022.
HEITEC AG v HEITECH Promotion GmbH and RW.
Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Article 9 – Regulation (EC) No 207/2009 – Articles 54, 110 and 111 – Limitation in consequence of acquiescence – Concept of ‘acquiescence’ – Interruption of the period of limitation in consequence of acquiescence – Sending of a warning letter – Date of interruption of the period of limitation in the event of a court action being initiated – Effects of limitation – Application for damages, the provision of information and destruction of goods.
Case C-466/20.
Judgment of the Court (Fourth Chamber) of 19 May 2022.
HEITEC AG v HEITECH Promotion GmbH and RW.
Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Article 9 – Regulation (EC) No 207/2009 – Articles 54, 110 and 111 – Limitation in consequence of acquiescence – Concept of ‘acquiescence’ – Interruption of the period of limitation in consequence of acquiescence – Sending of a warning letter – Date of interruption of the period of limitation in the event of a court action being initiated – Effects of limitation – Application for damages, the provision of information and destruction of goods.
Case C-466/20.
ECLI identifier: ECLI:EU:C:2022:400
Case C‑466/20
HEITEC AG
v
HEITECH Promotion GmbH
and
RW
(Request for a preliminary ruling from the Bundesgerichtshof)
Judgment of the Court (Fourth Chamber) of 19 May 2022
(Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Article 9 – Regulation (EC) No 207/2009 – Articles 54, 110 and 111 – Limitation in consequence of acquiescence – Concept of ‘acquiescence’ – Interruption of the period of limitation in consequence of acquiescence – Sending of a warning letter – Date of interruption of the period of limitation in the event of a court action being initiated – Effects of limitation – Application for damages, the provision of information and destruction of goods)
-
Approximation of laws – Trade marks – Interpretation of Regulation No 207/2009 and of Directive 2008/95 – Limitation through acquiescence – Concept
(Council Regulation No 207/2009, Arts 54, 110 and 111; European Parliament and Council Directive 2008/95, Art. 9(1))
(see paragraphs 46-51)
-
Approximation of laws – Trade marks – Interpretation of Regulation No 207/2009 and of Directive 2008/95 – Limitation through acquiescence – Limitation period – Interruption – Formal notice – Not included
(Council Regulation No 207/2009, Arts 54, 110 and 111; European Parliament and Council Directive 2008/95, Art. 9(1))
(see paragraphs 52-57, operative part 1)
-
Approximation of laws – Trade marks – Interpretation of Regulation No 207/2009 and of Directive 2008/95 – Limitation through acquiescence – Limitation period – Interruption – Bringing of a court action that fails to satisfy the formal requirements – Not included
(Council Regulation No 207/2009, Arts 54, 110 and 111; European Parliament and Council Directive 2008/95, Art. 9(1))
(see paragraphs 60-68, operative part 2)
-
Approximation of laws – Trade marks – Interpretation of Regulation No 207/2009 and of Directive 2008/95 – Limitation through acquiescence – Effects –Rights of the proprietor of an earlier trade mark
(Council Regulation No 207/2009, Arts 54, 110 and 111; European Parliament and Council Directive 2008/95, Art. 9(1))
(see paragraphs 70-73, operative part 3)