4Directive 2008/95 was repealed and replaced, with effect from 15 January 2019, by Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ 2015 L 336, p. 1). The content of Article 5 of Directive 2008/95 now appears, in essence, with changes, in Article 10 of Directive 2015/2436. However, having regard to the material time in the dispute in the main proceedings, the present reference for a preliminary ruling will be considered in the light of Directive 2008/95.
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