39In so far as ÖKO-Test Verlag and the German Government submitted, in their written observations, that such an interpretation, even though founded on the wording and scheme of Regulation No 207/2009 and Directive 2008/95, would unduly reduce the protection of proprietors of individual trade marks consisting of a quality label, such as that at issue in the main proceedings, it should be noted, as the European Commission has indicated in its written observations, that the exclusive right afforded by the mark is not absolute, since the EU legislature has, on the contrary, precisely delimited the scope of that right.
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