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Case C-62/08: Reference for a preliminary ruling from the Hof van Cassatie van België lodged on 18 February 2008 — UDV North America Inc v Brandtraders NV
ECLI:EU:UNKNOWN:62008CN0062
62008CN0062
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Official Journal of the European Union
JUDGMENT OF 6. 3. 2025 – CASE C-41/24 WALTHAM ABBEY RESIDENTS ASSOCIATION
26.4.2008
(Case C-62/08)
(2008/C 107/26)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: UDV North America Inc
Respondent: Brandtraders NV
Questions referred
(1)For there to be use of the sign within the meaning of Article 9(1)(a) and (2)(d) of Council Regulation 40/94 (1) of 20 December 1993 on the Community trade mark, is it necessary that a third party, within the meaning of Article 9(1)(a) of the Regulation:
(a)uses the sign on his own behalf?
(b)uses the sign as an interested party in relation to trade in goods in which he is himself a contractual party?
(2)Can a trade intermediary who acts in his own name, but not on his own behalf, be regarded as a third party who uses the sign within the meaning of Article 9(1)(a) and (2)(d)?
* * *
(1) OJ 1994 L 11, p. 1.