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Case C-328/06: Judgment of the Court (Second Chamber) of 22 November 2007 (reference for a preliminary ruling from the Juzgado de lo Mercantil — Spain) — Alfredo Nieto Nuño v Leonci Monlleó Franquet (Trade marks — Directive 89/104/EEC — Article 4(2)(d) — Well-known marks in a Member State within the meaning of Article 6 bis of the Paris Convention — Knowledge of the trade mark — Geographical area)
ECLI:EU:UNKNOWN:62006CA0328
62006CA0328
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Official Journal of the European Union
(Case C-328/06) (*)
(Trade marks - Directive 89/104/EEC - Article 4(2)(d) - ‘Well-known’ marks in a Member State within the meaning of Article 6 bis of the Paris Convention - Knowledge of the trade mark - Geographical area)
(2008/C 22/17)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Alfredo Nieto Nuño
Defendant: Leonci Monlleó Franquet
Re:
Reference for a preliminary ruling — Juzgado de lo Mercantil — Interpretation of Article 4 of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) — Meaning of ‘well known’ — Whether knowledge and use may be confined to a limited territory, such as an autonomous community, a region, an area or a city, depending on the goods or services concerned and the public for whom the mark is intended
Operative part of the judgment
Article 4(2)(d) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks is to be interpreted as meaning that the earlier trade mark must be well known throughout the territory of the Member State of registration or in a substantial part of it.
* * *
(*) Language of the case: Spanish.