Asunto C-705/17: Petición de decisión prejudicial planteada por el Svea hovrätt (Suecia) el 15 de diciembre de 2017 — Patent-och registreringsverket / Mats Hansson
Section | información judicial |
5.3.2018 ES Diario Oficial de la Unión Europea C 83/12
Lengua de procedimiento: sueco
Svea hovrätt
Demandante: Patent-och registreringsverket
Demandada: Mats Hansson
1) ¿Debe interpretarse el artículo 4, apartado 1, letra b), de la Directiva sobre las marcas (1) en el sentido de que, en la apreciación global de todos los factores relevantes que debe llevarse a cabo para apreciar el riesgo de confusión, puede influir el hecho de que, al registrarse, se haya excluido expresamente de la protección un elemento constitutivo de la marca, es decir, que, al registrarse, se haya formulado un denominado disclaimer (renuncia a reivindicar derechos exclusivos)
2) En caso de respuesta afirmativa a la primera cuestión: ¿Puede influir la renuncia, en ese caso, en la apreciación global de modo que la autoridad competente tome en consideración el elemento constitutivo de que se trate dándole una importancia más limitada, de forma que no se considere que tiene carácter distintivo, aunque dicho elemento...
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