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Valentina R., lawyer
((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
Applicant: Salvador Benjumea Bravo de Laguna
Defendant: Esteban Torras Ferrazzuolo
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.