Case C-120/04

Medion AG

v

Thomson multimedia Sales Germany & Austria GmbH

(Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf)

(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)

Summary of the Judgment

Approximation of laws — Trade marks — Directive 89/104 — Right of the proprietor of a registered trade mark to contest its unlawful use — Sign used for identical or similar goods — Likelihood of confusion –– Criteria for assessment –– Juxtaposing the company name of another party and a registered mark

(Council Directive 89/104, Art. 5(1)(b))

Article 5(1)(b) of First Directive 89/104 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.

(see para. 37, operative part)