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Case C-654/15: Request for a preliminary ruling from the Högsta domstolen (Sweden) lodged on 7 December 2015 — Länsförsäkringar AB v A/S Matek
ECLI:EU:UNKNOWN:62015CN0654
62015CN0654
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8.2.2016
Official Journal of the European Union
C 48/26
(Case C-654/15)
(2016/C 048/31)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: Länsförsäkringar AB
Defendant: A/S Matek
Questions referred
The questions concern the interpretation and application of Article 9(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark where third parties use, without consent, in the course of trade, a sign similar to a Community trade mark (1).
The questions are:
1.Does it affect the proprietor’s exclusive right that, within a period of five years following registration, he has not made genuine use of the Community trade mark in the European Union for goods or services covered by the registration?
2.If the answer to question 1 is in the affirmative, in what circumstances and in what way does that situation affect the exclusive right?
(1) OJ 2009 L 78, p. 1.