This preliminary ruling deals with the concept of ‘third parties’ against whom, under the law currently in force, the holder of a registered Community trade mark may bring infringement proceedings, and whether this concept embraces the holder of a later registered Community trade mark.
In this context, the General Advocate concludes that “On a proper construction of Article 9(1) of Council Regulation No 207/2009 of 26 February 2009 on the Community trade mark, in proceedings for infringement of the exclusive right conferred by a Community trade mark, the right to prevent the use of that mark by third parties extends to any third party using a sign which creates a likelihood of confusion, including a third party who holds a later registered Community trade mark”.
