[Editor's note] Like most countries and regions in the world, The rulings of the Court of Justice of the European Union have important guiding significance and predictive value for understanding the legal norms of the European Union. Esabaril (ELZABURU) At the beginning of each year, typical cases of the Court of Justice of the European Union in the previous year are summarized and published, And a brief review of each case, In order to help customers and partners to understand the EU intellectual property norms. Given the importance of Chinese customers and partners, We try to publish the Chinese version of typical cases on a weekly basis, It is convenient for Chinese partners to learn the latest information in a timely manner.

　　 [background]

　　Rosa dels Vents Assessoria, S. L. (Hereinafter referred to as "Rosadels Vents" ) Sue U Hostels Juveniles, S. L. (Hereinafter referred to as "U Hostels" ) The use of a special font after the registration of the word trademark "UH" act, Infringement of its prior registered trademark rights.

　　U Hostels argue, Rosa dels Vents Before filing an infringement suit, Did not apply to register the trademark first "UH" Invalidation procedure. Given the Spanish Supreme Court and the European Court of Justice (Courtof Justice) in Fédération Cynologique Internationale The opinions in this case differ, And the facts of the case, The third Commercial court in Madrid decided to suspend the case, And request the European Court of Justice to make a preliminary ruling on the following issues:

　　 " "Directive of the European Parliament and of the Council on the harmonization and harmonization of trademark laws in the Member States (The first 2008/95/EC No) " (Hereinafter referred to as "European Union regulation 2008/95/EC Number instruction" , Have been "European Union regulation 2015/2436 Number instruction" replace, Translator's note) The first 5 (1) Article should be read as, The owner of the registered trademark has the right to prohibit any third party, To use in trade activities a later registered trademark that is identical or similar to its registered trademark, Without first filing invalidation proceedings against the later trademark? "

　　 [conclusion]

　　The European Court of Justice analyzed it first Fédération Cynologique Internationale The verdict of the case, Consider that as stated in the case, For a correct understanding "Regulation of the Council of Europe on Community trademarks (The first 207/2009 No) " (Hereinafter referred to as "European Union regulation 207/2009 No" , Have been "Eu trade mark regulation" replace, Translator's note) The first 9 (1) Article but should consider the situation, It also helps to explain "European Union regulation 2008/95/EC Number instruction" About Member states, The Benelux Intellectual Property Office and the provisions on the exclusive rights of international registered trademarks extending into the field of Member States.

　　 "European Union regulation 207/2009 No" The first 9 (1) Bar sum "European Union regulation 2008/95/EC Number instruction" The first 5 (1) The article stipulates the scope of exclusive rights enjoyed by the registered trademark owner, Provides that the owner has the right to prohibit any third party, Unauthorized use of a mark in trade activities that may adversely affect its trademark. However, it does not stipulate whether the third party is the owner of the relevant marks.

　　 "Spanish trademark law" The first 34 (2) Article prohibition "Third person" Use of relevant trademarks, Its provisions are similar to those in EU law on similar issues. Therefore, The European Court of Justice held that, It is for the Spanish courts to judge, Whether their national law is consistent with that interpreted by the European Court of Justice "European Union regulation 2008/95/EC Number instruction" The first 5 (1) The provisions of the article require. 　　In addition, The European Court of Justice held that "European Union regulation 2008/95/EC Number instruction" The first 9 article (with "European Union regulation 207/2009 No" The first 54 The content of the bar specification is similar) Have been specified, Except that the owner of the trademark understands and acquiesces in the use of the later registered trademark by others, which may cause it to be unable to declare the later registered trademark invalid with its own prior trademark requirements, The trademark owner has the right to choose to apply for the invalidation procedure of the later registered trademark, Or file an infringement lawsuit to prohibit the use of a later registered trademark.

　　Finally, The European Court of Justice stated that, "European Union regulation 2008/95/EC Number instruction" There is no provision to restrict the exclusive right of the prior registered trademark owner for the benefit of the later registered trademark owner.

　　Whereas should be in accordance with "Principle of priority of rights" ——The trademark right registered earlier is superior to the trademark registered later——right "European Union regulation 2008/95/EC Number instruction" explain, So the directive is no 5 (1) Article shall be understood as, The trademark owner shall have the right to prohibit the inferior registered trademark owner from using the inferior registered trademark.

　　Based on the above analysis, European court of justice ruling, The exclusive right enjoyed by the owner of a registered trademark, Allowing it to directly prohibit any third person——Including the owner of the subsequent trademark——To use in trade activities a mark identical or similar to a registered trademark, Without first applying for the invalidation procedure of the later trademark.

　　 [comment]

　　The decision by the European Court of Justice confirms the Spanish Supreme Court's decision Denso The opinion of the decision in the case, In that case, the Supreme Court abandoned its earlier decision, European Court of Justice Fédération CynologiqueInternationale A contrasting standard of trial in this case.

　　compile: Liu Dan, Esabarry Legal Counsel

　　source: Esabaril (ELZABURU) Intellectual property rights