LTJ Diffusion (Approximation of laws)

(Trade marks - Approximation of laws - Directive 89/104/EEC - Article 5(1)(a) - Notion of sign which is identical with the trade mark - Use of the distinctive element of the mark to the exclusion of other elements - Use of all the elements making up the trade mark but with the addition of other elements)

REFERENCE to the Court under Article 234 EC by the Tribunal de grande instance de Paris (France) for a preliminary ruling in the proceedings pending before that court between LTJ Diffusion SA

on the interpretation of Article 5(1)(a) 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,

composed of: G.C. Rodr�guez Iglesias, President, M. Wathelet and R. Schintgen (Presidents of Chambers), C. Gulmann, P. Jann, F. Macken (Rapporteur), N. Colneric, S. von Bahr and J.N. Cunha Rodrigues, Judges, Advocate General: F.G. Jacobs, Registrar: D. Louterman-Hubeau, Head of Division,

after considering the written observations submitted on behalf of: - LTJ Diffusion SA, by F. Fajgenbaum, avocat, - Sadas Vertbaudet SA, by A. Bertrand, avocat, - the United Kingdom Government, by G. Amodeo, acting as Agent, and D. Alexander, barrister, - the Commission of the European Communities, by K. Banks, acting as Agent, having regard to the Report for the Hearing,