Soda-Club (CO2) and Sodastream International (Judgment): ECJ 27 Oct 2022

Reference for a preliminary ruling – Trade mark law – Regulation (EU) 2017/1001 – Article 15(2) – Directive (EU) 2015/2436 – Article 15(2) – Exhaustion of the rights conferred by the trade mark – Bottles containing carbon dioxide – Putting into circulation in a Member State by the proprietor of the trade mark – Activity of a reseller consisting in filling and re-labelling bottles – Opposition filed by the proprietor of the trade mark – Legitimate grounds for opposing subsequent marketing of the coated products of the brand

Citations:

C-197/21, [2022] EUECJ C-197/21, ECLI:EU:C:2022:834

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 09 November 2022; Ref: scu.682405