Notice for the OJ

 

JUDGMENT OF THE COURT

(Second Chamber)

of 6 October 2005

in Case C-120/04: reference for a preliminary ruling from the Oberlandesgericht Düsseldorf in Medion AG v Thomson multimedia Sales Germany & Austria GmbH ¹

(Trade marks - Directive 89/104/EEC - Article 5(1)(b) - Likelihood of confusion - Use of the trade mark by a third party - Composite sign including the name of another party followed by the trade mark)

(Language of the case: German)

In Case C-120/04: reference for a preliminary ruling under Article 234 EC from the Oberlandesgericht Düsseldorf (Germany), made by decision of 17 February 2004, received at the Court on 5 March 2004, in the proceedings between Medion AG and Thomson multimedia Sales Germany & Austria GmbH - the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, C. Gulmann (Rapporteur), R. Schintgen, G. Arestis and J. Klučka, Judges; F.G. Jacobs, Advocate General; K. Sztranc, Administrator, for the Registrar, gave a judgment on 6 October 2005, the operative part of which is as follows:

Article 5(1)(b) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks is to be interpreted as meaning that where the goods or services are identical there may be a likelihood of confusion on the part of the public where the contested sign is composed by juxtaposing the company name of another party and a registered mark which has normal distinctiveness and which, without alone determining the overall impression conveyed by the composite sign, still has an independent distinctive role therein.

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¹ - OJ C 106 of 30.04.2004.