[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]

　　The parties to this dispute are: Beck + Heun GmbH, A German manufacturer specializing in blind boxes; and, Klaus Conradi, Individual dealer with domicile in Spain, He was assigned by his company Beck + Heun GmbH Marketing activities of the company's products in the Spanish market.

　　The two sides in the dispute have had a business relationship for years. aftercause Beck + Heun GmbH discover Klaus Conradi There is fraud, Especially in Spain, without their permission, in their own name "BECK & HEUN" trademark, The partnership was terminated. The German company held the following trademark rights at the time: (1) German registered trademark (Earlier than Klaus Conradi The Spanish trademark mentioned above) ; (2) Eu registered trademark (Later than Klaus Conradi A registered Spanish trademark) . 　　Beck + Heun GmbH Take the case to the EU Trademark Court Klaus Conradi Infringement of its trademark rights:

　　- Based on the plaintiff's registered trademark right in Germany, and "Spanish trademark law" Article 10 and "Paris convention" Article 6 (7) ——Agents or representatives are prohibited from registering in their own names without the permission of the owner? , Claim identification Klaus Conradi A Spanish trademark registered in one's own name "BECK & HEUN" void.

　　- and, Upon invalidation of the aforementioned Spanish registered trademark, basis "Eu trade mark regulation" Article 9 and "Spanish trademark law" Article 40, Claim identification Klaus Conradi Unauthorized use "BECK & HEUN" The act of marking infringes the plaintiff's trademark right which is later registered in EU.

　　The court of first instance ruled in favor of all the plaintiff's claims. The defendant appealed on the following grounds: (1) apply "Spanish trademark law" Error of law, There is no agent or representative relationship between the parties in this dispute; (2) basis "Spanish trademark law" The first 43. 1 The conclusion that Plaintiff's trademark reputation has been damaged is erroneous, Because the plaintiff failed to prove that its trademark in the disputed market has achieved a famous reputation and reputation.

　　 [conclusion]

　　The EU Trademark Court in Alicante rejected the appeal, judgment:

　　- There are long-standing business ties between the two parties in the dispute, Conform to "Spanish trademark law" The provisions of Article 10, This clause does not refer solely to an agent or representative relationship, Also include "One party distributes the other party's goods, transport, Business activities such as depositing or developing markets" .

　　- The defendant failed to provide evidence to prove that the registration of the disputed trademark had obtained the plaintiff's permission, For that matter, The German company allowed and authorized the defendant to distribute its goods in Spain, It cannot be construed as implied consent to the registration of a trademark in the name of the defendant in Spain.

　　- The existence of damage to the reputation of the trademark, There is no requirement that the infringing trademark has attained a high reputation or well-known status, As long as it is changed to the detriment of the goods or the manner in which they are displayed (As in this case) , As a result, the normal status of the trademark in the relevant market changes, just.

　　 [comment]

　　The significance of EU Trademark Court's decision on this case lies in:

　　- right "Spanish trademark law" Article 10 is interpreted broadly: It not only includes the traditional commercial relationship such as agent and representative, It's also based on the trust principle, The principle of loyalty, the principle of good faith, etc (For that matter, Refer to the Court of Appeal in Barcelona 2014 years 9 month 15 Day control ECLI: ES: APB: 2014: 9801 Number control 15 Natural segment) .

　　- for "Trademark owner permission" Explanation of, If it means that the owner may give up his exclusive right, The interpretation should be strictly qualified (Versus the European Court of Justice Davidoff The case made no C-41/99 Unanimous decision) .

　　- "Spanish trademark law" The first 43. 1 Clause on compensation for damage to the reputation of the trademark, It is not required that the infringed trademark has achieved a high reputation or well-known status, It is only necessary to show that the normal status of the trademark in the relevant market has been changed as a result of adverse modification of the goods or the form in which the goods are displayed by the infringing act (Although there are precedents dealing with similar issues, For example, the same court in 2010 years 6 month 18 The announcement of the No 278/2010 Number judgment, But this ruling is the first to make it clear) .

　　compile: Liu Dan, Esabarry Legal Counsel　　source: Esabaril (ELZABURU) Intellectual property rights