In its Judgement of 4 February 2016, the Court of Justice resolved the following preliminary ruling question: Does the first sentence of Article 23.1 of the (EC) Council Regulation 207/2009, of 26 February 2009, referring to a Community trade mark, “Legal acts referred to in Articles 17, 19 and 22 concerning a Community trade mark shall have effects vis-à-vis third parties in all the Member States only after entry in the Register” preclude a licensee who is not entered in the Register from taking legal action alleging infringement of a Community trade mark?

Although the Court of Justice establishes that read in isolation, that sentence could be interpreted as meaning that if the licence has not been entered in the Register, the licensee cannot rely on the rights conferred by that licence vis-à-vis third parties, including those that falsify the trade mark, it is necessary to consider not only the wording of the sentence but also the context and the objectives pursued by the rules of which it is part.

After analysing the context of the first sentence of Article 23(1) and the purpose of the rule laid down, the Court of Justice takes the view that the lack of effects, vis-à-vis third parties, of the legal acts referred to in Articles 17, 19 and 22 of the Regulation which have not been entered in the Register is intended to protect a person who has, or may have, rights in a Community trade mark as an object of property. Therefore, the first sentence of Article 23(1) does not apply to a situation in which a third party, by infringing the mark, infringes the rights conferred by the Community trade mark.

Consequently, the first sentence of Article 23(1) of Regulation 207/2009 must be interpreted as meaning that the licensee may bring proceedings alleging infringement of a Community trade mark which is the subject of the licence, although that licence has not been entered in the Register.