Traduction de «Usage de la marque avec le consentement du titulaire » (Français → Anglais) :

use of the trade mark with the consent of the proprietor

the rights of the proprietor of the Community trade mark have been revoked on the grounds of non-use

the proprietor has not put the Community trade mark to genuine use

Use of a trade mark by third parties to draw the consumer's attention to the resale of genuine goods that were originally sold by or with the consent of the proprietor of the EU trade mark in the Union should be considered as being fair as long as it is at the same time in accordance with honest practices in industrial and commercial matters.

2. Use of the EU trade mark with the consent of the proprietor shall be deemed to constitute use by the proprietor.

3. Where the proprietor of an EU trade mark is not entitled to prohibit the use of a later registered trade mark pursuant to paragraph 1 or 2, the proprietor of that later registered trade mark shall not be entitled to prohibit the use of that earlier EU trade mark in infringement proceedings.

2. Where the proprietor of an earlier national trade mark as referred to in Article 8(2) or of another earlier sign referred to in Article 8(4) has acquiesced, for a period of five successive years, in the use of a later European Union trade mark in the Member State in which the earlier trade mark or the other earlier sign is protected while being aware of such use, he shall no longer be entitled on the basis of the earlier trade mark or of the other earlier sign [...] to apply for a declaration that the later trade mark is invalid [...] in respect of the goods or services for which the later trade mark has been used, unless registration ...[+++] of the later European Union trade mark was applied for in bad faith'. ;