IPPT20090702, ECJ, Davidoff v Bundesfinanzdirektion Sudost

02-07-2009 Print this page
IPPT20090702

TRADEMARK LAW


Internationally registered trade mark
• For purposes of customs action, an internationally registered trade mark and a Community trade mark have the same effects. Therefore, the answer to the question referred for a preliminary ruling is that Article 5(4) of Regulation No 1383/2003, in conjunction with Article 146 of Regula-tion No 40/94, is to be interpreted as allowing the holder of an internationally registered trade mark to secure action by the customs authorities of one or more other Member States, besides that of the Member State in which it is lodged, just like the proprietor of a Community trade mark.

 

IPPT20090702, ECJ, Davidoff v Bundesfinanzdirektion Sudost