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Case C-705/17: Judgment of the Court (Fifth Chamber) of 12 June 2019 (request for a preliminary ruling from the Svea hovrätt — Sweden) — Patent- och registreringsverket v Mats Hansson (Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 4(1)(b) — Likelihood of confusion — Overall impression — Earlier trade mark registered with a disclaimer — Effects of such a disclaimer on the extent of protection of the earlier trade mark)
ECLI:EU:UNKNOWN:62017CA0705
62017CA0705
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Official Journal of the European Union
C 263/8
(Case C-705/17) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Trade marks - Directive 2008/95/EC - Article 4(1)(b) - Likelihood of confusion - Overall impression - Earlier trade mark registered with a disclaimer - Effects of such a disclaimer on the extent of protection of the earlier trade mark)
(2019/C 263/09)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: Patent- och registreringsverket
Defendant: Mats Hansson
Operative part of the judgment
Article 4(1)(b) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be interpreted as precluding national legislation making provision for a disclaimer whose effect would be to exclude an element of a complex trade mark, referred to in that disclaimer, from the global analysis of the relevant factors for showing the existence of a likelihood of confusion within the meaning of that provision, or to attribute to such an element, in advance and permanently, limited importance in that analysis.
(<span class="note">1</span>) OJ C 83, 5.3.2018.