Referral C-691/26 (Alphavet, 24 Jun 2026)

(1) Must Article 9(1) and Article 18(1) of Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks be interpreted as meaning that, after the protection of the later trade mark has expired, the proprietor of the earlier trade mark may object to the use of the sign constituting that trade mark if it has acquiesced, for a period of five successive years, in the use of the later trade mark?
(2) If the answer to the first question is in the affirmative, can Article 9(1) of Directive 2015/2436 be interpreted as meaning that the proprietor of an earlier trade mark is precluded from bringing an action against the use of the sign constituting the later trade mark by a third party – due to acquiescence, for a period of five successive years, in its long-term use – even after the protection of the later trade mark has expired if, prior to that expiry, the proprietor of the earlier trade mark was already aware of such use by that third party?