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Case C-334/22, Audi (Emblem support on a radiator grille): Judgment of the Court (Fourth Chamber) of 25 January 2024 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — Audi AG v GQ (Reference for a preliminary ruling — EU trade mark — Regulation (EU) 2017/1001 — Article 9(2) and (3)(a) to (c) — Rights conferred by an EU trade mark — Concept of ‘using in the course of trade any sign’ — Article 14(1)(c) — Limitations of the effects of an EU trade mark — Right of the proprietor of an EU trade mark to oppose the use by a third party of a sign identical with, or similar to, the trade mark for motor vehicle spare parts — Component of a radiator grille designed for the attachment of an emblem representing the trade mark of a motor vehicle manufacturer)
ECLI:EU:UNKNOWN:62022CA0334
62022CA0334
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Official Journal of the European Union
Series C
C/2024/1822
11.3.2024
(Case C-334/22, (1) Audi (Emblem support on a radiator grille)
(Reference for a preliminary ruling - EU trade mark - Regulation (EU) 2017/1001 - Article 9(2) and (3)(a) to (c) - Rights conferred by an EU trade mark - Concept of ‘using in the course of trade any sign’ - Article 14(1)(c) - Limitations of the effects of an EU trade mark - Right of the proprietor of an EU trade mark to oppose the use by a third party of a sign identical with, or similar to, the trade mark for motor vehicle spare parts - Component of a radiator grille designed for the attachment of an emblem representing the trade mark of a motor vehicle manufacturer)
(C/2024/1822)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: Audi AG
Defendant: GQ
Operative part of the judgment
1.Article 9(2) and (3)(a) to (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark must be interpreted as meaning that a third party who, without the consent of the manufacturer of motor vehicles which is the proprietor of an EU trade mark, imports and offers for sale spare parts, namely radiator grilles for those motor vehicles, containing an element which is designed for the attachment of the emblem representing that trade mark and the shape of which is identical with, or similar to, that trade mark, is using a sign in the course of trade in a manner liable to affect one or more of the functions of that trade mark, which is a matter for the national court to ascertain.
2.Article 14(1)(c) of Regulation 2017/1001 must be interpreted as meaning that it does not preclude the manufacturer of motor vehicles which is the proprietor of an EU trade mark from prohibiting a third party from using a sign identical with, or similar to, that trade mark in relation to spare parts for those motor vehicles, namely radiator grilles, where that sign consists of the shape of an element of the radiator grille designed for the attachment thereto of the emblem representing that trade mark, regardless of whether or not there is a technical possibility of attaching that emblem to the radiator grille without affixing that sign to it.
(1) OJ C 318, 22.8.2022.
ELI: http://data.europa.eu/eli/C/2024/1822/oj
ISSN 1977-091X (electronic edition)