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Case C-491/14: Order of the Court (Third Chamber) of 10 March 2015 (requet for a preliminary ruling from the Juzgado de lo Mercantil No 3 de Madrid — Spain) — Rosa dels Vents Assessoria SL v U Hostels Albergues Juveniles SL (Reference for a preliminary ruling — Article 99 of the Court’s Rules of Procedure — Trade marks — Directive 2008/95/EC — Article 5(1) — Concept of ‘third party’ — Proprietor of a later trade mark)
ECLI:EU:UNKNOWN:62014CB0491
62014CB0491
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Valentina R., lawyer
29.6.2015
Official Journal of the European Union
C 213/13
(Case C-491/14) (<span class="super">1</span>)
((Reference for a preliminary ruling - Article 99 of the Court’s Rules of Procedure - Trade marks - Directive 2008/95/EC - Article 5(1) - Concept of ‘third party’ - Proprietor of a later trade mark))
(2015/C 213/19)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Rosa dels Vents Assessoria SL
Defendant: U Hostels Albergues Juveniles SL
Operative part of the order
Article 5(1) of Directive 2008/95/EC of the European Parliament and the Council, of 22 October 2008, to approximate the laws of the Member States relating to trade marks, must be interpreted as meaning that the exclusive right of the proprietor of a trade mark to prevent any third party from using, in course of trade, signs identical with or similar to his mark extends to a third-party proprietor of a later trade mark, without the need for that latter mark to have been declared invalid beforehand.
* Language of the case: Spanish.
(2015/C 213/19)