Judgment_paragraph 36 · Edwin Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-263/09 P)

36It follows that, contrary to what the appellant maintains, the wording and structure of Article 52(2) of Regulation No 40/94 do not, where a right to a name is asserted, allow application of that provision to be restricted merely to situations where the registration of a Community trade mark conflicts with a right intended exclusively to protect a name as an attribute of the personality of the person concerned.

Edwin Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-263/09 P)

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