«(Article 104(3) of the Rules of Procedure – Trade marks – Directive 89/104/EEC – Articles 10(1) and 12(1) – Revocation of a trade mark – Notion of genuine use of a trade mark)»

1.. Approximation of laws – Trade marks – Directive 89/104 – Reasons for revocation of the trade mark – Lack of genuine use of the trade mark – Definition (Council Directive 89/104, Arts. 10(1) and 12(1))

2.. Approximation of laws – Trade marks – Directive 89/104 – Reasons for revocation of the trade mark – Lack of genuine use of the trade mark – Consideration of circumstances subsequent to the filing of the application for revocation – Whether permissible – Conclusion to be drawn by the national court (Council Directive 89/104, Art. 12(1))

ORDER OF THE COURT (Third Chamber) 27 January 2004 (1)

((Article 104(3) of the Rules of Procedure – Trade marks – Directive 89/104/EEC – Articles 10(1) and 12(1) – Revocation of a trade mark – Notion of genuine use of a trade mark))

In Case C-259/02,

REFERENCE to the Court under Article 234 EC by the High Court of Justice of England and Wales, Chancery Division for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Articles 10(1) and 12(1) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1),

THE COURT (Third Chamber),

composed of: J.N. Cunha Rodrigues, acting as President of the Third Chamber, J.-P. Puissochet (Rapporteur) and F. Macken, Judges,

Advocate General: D. Ruiz-Jarabo Colomer,

after hearing the views of the Advocate General, makes the following

Community legislation

Domestic legislation

In particular:

Application of Article 104(3) of the Rules of Procedure

First, second, third, fourth and sixth questions

Seventh question

On those grounds,

THE COURT (Third Chamber),

in answer to the questions referred to it by the High Court of Justice England and Wales, Chancery Division, by order of 19 December 2001, hereby rules:

Luxembourg, 27 January 2004.

R. Grass

V. Skouris

Registrar

President