Matratzen Concord v Hukla Germany SA (Free Movement Of Goods): ECJ 9 Mar 2006

ECJ (Judgment) Reference for a preliminary ruling – Article 3(1)(b) and (c) of Directive 89/104/EEC – Grounds for refusal to register – Articles 28 EC and 30 EC – Free movement of goods – Measure having equivalent effect to a quantitative restriction – Justification – Protection of industrial and commercial property – National word mark registered in a Member State – Trade mark consisting of a term borrowed from the language of another Member State in which it is devoid of distinctive character and/or descriptive of the goods in respect of which the trade mark was registered


P. Jann, P


[2006] CEC 621, [2006] ETMR 48, ECLI:EU:C:2006:164, C-421/04, [2005] EUECJ C-421/04




Directive 89/104/EEC 3(1)(b)

Cited by:

CitedStarbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 05 July 2022; Ref: scu.239171