Conflict with unregistered trademark
(a) rights to that sign were acquired prior to the date of application for registration of the Community trade mark, or the date of the priority claimed for the application for registration of the Community trade mark;
(b) that sign confers on its proprietor the right to prohibit the use of a subsequent trade mark
(Art. 8(4) CTM Regulation, see also Art. 4(4)(b) Directive 2008/95)
1 preliminary ruling
Judgment of 2 Jun 2022, C-112/21 (Classic Coach Company) 
Article 6(2) of 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 must be interpreted as meaning that, for the purposes of establishing the existence of an ‘earlier right’ within the meaning of that provision, there is no requirement that the proprietor of that right must be able to prohibit the use of the later mark by the proprietor of that mark.
Article 6(2) of Directive 2008/95 must be interpreted as meaning that an ‘earlier right’ within the meaning of that provision may be granted to a third party in a situation in which the proprietor of the later trade mark has an even earlier right recognised by the laws of the Member State in question over the sign registered as a trade mark to the extent that, under those laws, the proprietor of the trade mark and of the even earlier right may no longer, on the basis of its even earlier right, prohibit the use by the third party of its more recent right.
7 appealsJudgment of 19 Apr 2018, C-75/17 (Fiesta Hotels & Resorts v EUIPO)
Judgment of 19 Apr 2018, C-478/16 (EUIPO v Group OOD)
Order of 13 Dec 2017, C-468/17 (Morton s of Chicago v EUIPO)
Judgment of 14 Sep 2017, C-56/16 (OHIM v Instituto dos Vinhos do Douro e do Porto)
Judgment of 5 Apr 2017, C-598/14 (Szajner)
Order of 29 Nov 2011, C-76/11 (Tresplain Investments)
Judgment of 29 Mar 2011, C-96/09 (Anheuser-Busch - BUD)
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