Article 42(2) and (3) refer to all international marks that have effect in a Member State

TRADE MARK LAW

Term ‘earlier national trade mark’ (article 42 of Regulation 207/2009) refers to all marks that have effect in a Member State, irrespective of the national or international registration

"37. The ‘earlier national trade marks’ referred to in article 42(3) of Regulation 207/2009 must be understood as including marks that have effect in a Member State, irrespective of the national or international level at which they are registered."

IPPT20131212, CJEU, Rivella v BHIM

C-445/12 P - ECLI:EU:C:2013:826