53As regards the territorial scope of the orders relating to sanctions and other measures sought by the applicant in the main proceedings in respect of each defendant in the main proceedings, it should be noted that the Court has already held that the territorial scope of the prohibition against further infringement or threatened infringement of a Community trade mark, as provided for in Article 98(1) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1), as amended by Council Regulation (EC) No 3288/94 of 22 December 1994 (OJ 1994 L 349, p. 83; ‘Regulation No 40/94’), is to be determined both by the territorial jurisdiction of the Community trade mark court issuing that prohibition and by the territorial extent, resulting from Regulation No 40/94, of the Community trade mark proprietor’s exclusive right which is adversely affected by the infringement or threatened infringement (judgment of 12 April 2011, DHL Express France, C‑235/09, EU:C:2011:238, paragraph 33).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.