IP case law Court of Justice

Referral C-112/21 (Classic Coach Company, 25 Feb 2021)



Questions not yet available on the CJEU website.
Here is a personal translation :
1. Does the existence of an 'earlier right' on the part of a third party, as referred to in Article 6(2) of the repealed Directive 2008/95/EC, require
(a) that the third party should have made use in the course of trade of a right recognised under the law of the Member State concerned prior to the trade mark application; or
(b) that the third party should be able, under the applicable national law, to prohibit the use of the trade mark by its proprietor on the basis of that earlier right?

2. Is it of any significance in answering Question 1 whether the trade mark proprietor has an even earlier right (recognised under the law of the Member State concerned) in respect of the sign registered as a trade mark and, if so, whether the trade mark proprietor can rely on that even earlier recognised right to prevent the third party from using the alleged 'earlier right'?



Case details on the CJEU website (external link)


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