Request for a preliminary ruling from the Cour de cassation (France) lodged on 28 February 2024 – PMJC SAS v [W] [X], [M] [X], [X] Créative SAS

(Case C-168/24, PMJC)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: PMJC SAS

Defendant: [W] [X], [M] [X], [X] Créative SAS

Question referred

Must Article 12(2)(b) of Directive 2008/95/EC ¹ of 22 October 2008 to approximate the laws of the Member States relating to trade marks and Article 20(b) of Directive (EU) 2015/2436 of 16 December 2015 ² to approximate the laws of the Member States relating to trade marks be interpreted as precluding the revocation of a trade mark consisting of the surname of a designer on the grounds that it is used after the assignment in such a way as to make the public actually believe that that designer is still involved in the design of the goods bearing the mark, when that is no longer the case?

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¹ 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 (OJ 2008 L 299, p. 25).

¹ Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ 2015 L 336, p. 1).