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Case C-381/16: Judgment of the Court (Tenth Chamber) of 23 November 2017 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Salvador Benjumea Bravo de Laguna v Esteban Torras Ferrazzuolo (Reference for a preliminary ruling — Regulation (EC) No 207/2009 — EU trade mark — Article 16 — Trade mark as an object of property — Dealing with EU trade marks as national trade marks — Article 18 — Transfer of a trade mark registered in the name of the agent or representative of the trade mark’s proprietor — National provision allowing the possibility of bringing an action for recovery of ownership of a national trade mark registered in fraud of the owner’s rights or in breach of a legal or contractual obligation — Whether compatible with Regulation No 207/2009)

ECLI:EU:UNKNOWN:62016CA0381

62016CA0381

November 23, 2017
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22.1.2018

Official Journal of the European Union

C 22/13

(Case C-381/16) (<span class="super note-tag">1</span>)

((Reference for a preliminary ruling - Regulation (EC) No 207/2009 - EU trade mark - Article 16 - Trade mark as an object of property - Dealing with EU trade marks as national trade marks - Article 18 - Transfer of a trade mark registered in the name of the agent or representative of the trade mark’s proprietor - National provision allowing the possibility of bringing an action for recovery of ownership of a national trade mark registered in fraud of the owner’s rights or in breach of a legal or contractual obligation - Whether compatible with Regulation No 207/2009))

(2018/C 022/16)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Salvador Benjumea Bravo de Laguna

Defendant: Esteban Torras Ferrazzuolo

Operative part of the judgment

Articles 16 and 18 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the [European Union] trade mark must be interpreted as not precluding the application to an EU trade mark of a national provision, such as that at issue in the main proceedings, under which a person harmed, by the trade mark registration which was applied for in fraud of his rights or in breach of a legal or contractual obligation, is entitled to claim ownership of that trade mark, provided that the situation concerned does not fall within those covered by Article 18 of that regulation.

* Language of the case: Spanish.

(1) OJ C 335, 12.9.2016.

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