42Since the Community is a party to the TRIPs Agreement, it is indeed under an obligation to interpret its trademark legislation, as far as possible, in the light of the wording and purpose of that agreement (see, with respect to a situation falling within the scope of both a provision of the TRIPs Agreement and Directive 89/104, Case C-49/02 Heidelberger Bauchemie [2004] ECR I-6129, paragraph 20).
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