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Case C-129/17: Judgment of the Court (Second Chamber) of 25 July 2018 (request for a preliminary ruling from the Hof van beroep te Brussel — Belgium) — Mitsubishi Shoji Kaisha Ltd, Mitsubishi Caterpillar Forklift Europe BV v Duma Forklifts NV, G.S. International BVBA (Reference for a preliminary ruling — EU trade mark — Directive 2008/95/EC — Article 5 — Regulation (EC) No 207/2009 — Article 9 — Trade mark proprietor entitled to oppose removal by a third party of all the signs identical to that trade mark and the affixing of new signs on goods identical to those for which the trade mark has been registered with a view to importing or placing them on the market in the European Economic Area (EEA))
ECLI:EU:UNKNOWN:62017CA0129
62017CA0129
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Official Journal of the European Union
C 328/14
(Case C-129/17) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - EU trade mark - Directive 2008/95/EC - Article 5 - Regulation (EC) No 207/2009 - Article 9 - Trade mark proprietor entitled to oppose removal by a third party of all the signs identical to that trade mark and the affixing of new signs on goods identical to those for which the trade mark has been registered with a view to importing or placing them on the market in the European Economic Area (EEA)))
(2018/C 328/16)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Appellants: Mitsubishi Shoji Kaisha Ltd, Mitsubishi Caterpillar Forklift Europe BV
Respondents: Duma Forklifts NV, G.S. International BVBA
Operative part of the judgment
Article 5 of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks and Article 9 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark must be interpreted as meaning that the proprietor of a mark is entitled to oppose a third party, without its consent, removing all the signs identical to that mark and affixing other signs on products placed in the customs warehouse, as in the main proceedings, with a view to importing them or trading them in the EEA where they have never yet been marketed.
Language of the case: Dutch.
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(<span class="note"> <a id="ntr1-C_2018328EN.01001401-E0001" href="#ntc1-C_2018328EN.01001401-E0001">1</a> </span>) OJ C 161, 22.5.2017.