Judgment_paragraph 42 · Audi AG v GQ (C-334/22)

42In that regard, it should be borne in mind that Article 9(2)(a) of Regulation 2017/1001 refers to the so-called ‘double identity’ situation, namely the use by the third party of a sign identical to the EU trade mark for goods or services identical to those for which that trade mark is registered. In such a case, use of the sign by the third party within the meaning of Article 9(2) of that regulation may be prohibited by the proprietor of that trade mark pursuant to Article 9(2)(a) of that regulation (see, to that effect, judgment of 22 September 2011, Interflora and Interflora British Unit, C‑323/09, EU:C:2011:604, paragraph 33), where that use adversely affects or is liable to adversely affect the functions of the trade mark, which include not only the essential function of the trade mark which is to guarantee to consumers the origin of the goods or services, but also its other functions, such as, in particular, that of guaranteeing the quality of those goods or services, or those of communication, investment or advertising (see, to that effect, judgment of 3 March 2016, Daimler, C‑179/15, EU:C:2016:134, paragraph 26 and the case-law cited).

Audi AG v GQ (C-334/22)

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