48It is settled case-law that trade mark rights constitute an essential element in the system of undistorted competition which the EC Treaty seeks to establish and maintain (see Case C-10/89 HAG II [1990] ECR I-3711, paragraph 13, and Case C-63/97 BMW [1999] ECR I-905, paragraph 62). The rights and powers thaitrade marks confer on their proprietors must be considered in the light of thatobjective.
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