Preliminary reference · referred by the Svea hovrätt, Patent- och marknadsöverdomstolen (Svea Court of Appeal, Patent and Market Court of Appeal, Stockholm, Sweden)
8Under Article 10 of that directive, entitled ‘Rights conferred by a trade mark’:1. The registration of a trade mark shall confer on the proprietor exclusive rights therein.2.Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the registered trade mark, the proprietor of that registered trade mark shall be entitled to prevent all third parties not having his consent from using in the course of trade, in relation to goods or services, any sign where:(a) the sign is identical with the trade mark and is used in relation to goods or services which are identical with those for which the trade mark is registered;(b) the sign is identical with, or similar to, the trade mark and is used in relation to goods or services which are identical with, or similar to, the goods or services for which the trade mark is registered, if there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association between the sign and the trade mark;(c) the sign is identical with, or similar to, the trade mark irrespective of whether it is used in relation to goods or services which are identical with, similar to, or not similar to, those for which the trade mark is registered, where the latter has a reputation in the Member State and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.3.The following, in particular, may be prohibited under paragraph 2:(a) affixing the sign to the goods or to the packaging thereof;(b) offering the goods or putting them on the market, or stocking them for those purposes, under the sign, or offering or supplying services thereunder;(c) importing or exporting the goods under the sign;(d) using the sign as a trade or company name or part of a trade or company name;(e) using the sign on business papers and in advertising;(f) using the sign in comparative advertising in a manner that is contrary to Directive 2006/114/EC [of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ 2006 L 376, p. 21)].’…’