19.3.2011

Official Journal of the European Union

C 89/2

(Case C-449/09) (<span class="super">1</span>)

(The first subparagraph of Article 104(3) of the Rules of Procedure - Trade marks - Directive 89/104/EEC - Right of the proprietor of a mark to oppose the first placing into circulation within the EEA, without his consent, of goods bearing that mark)

2011/C 89/02

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant: Canon Kabushiki Kaisha

Defendant: IPN Bulgaria OOD

Re:

Reference for a preliminary ruling — Sofiyski gradski sad — Interpretation of Article 5, in conjunction with Article 7 of First 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) — Parallel imports of original goods without the consent of the proprietor of the right conferred by the mark — Possibility for that proprietor to prevent the use in the course of trade, without his consent, of a sign identical to the mark — Proprietor’s right not exhausted

Operative part of the order

Article 5 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the trade mark proprietor may oppose the first placing into circulation in the course of trade in the European Economic Area, without his consent, of original goods bearing that mark.

*

Language of the case: Bulgarian.