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Case C-449/09: Reference for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 18 November 2009 — Canon Kabushiki Kaisha v IPN Bulgaria
ECLI:EU:UNKNOWN:62009CN0449
62009CN0449
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17.4.2010
Official Journal of the European Union
C 100/13
(Case C-449/09)
2010/C 100/21
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicant: Canon Kabushiki Kaisha
Defendant: IPN Bulgaria OOD
Question referred
Is Article 5 of First Council Directive 89/104/EEC (1), in so far is it confers on the trade mark proprietor the exclusive right to prevent all third parties not having his consent from using in the course of trade any sign which is identical with the trade mark, for example importing or exporting goods under the sign, to be interpreted as meaning that the trade mark proprietor’s rights include the right to prohibit use of the trade mark without his consent through the importation of original goods, provided that the trade mark proprietor’s rights under Article 7 of the directive are not exhausted?
(1) 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).
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