Source: All England Reporter
Publisher Citation: [2007] All ER (D) 353 (Nov)
Court: Court of Justice of the European Communities (Second Chamber)
Judge:

Judges Timmermans (President of Chamber), Bay Larsen (Rapporteur), Makarczyk, Kuris and Bonichot

Judgment Dates: 22 November 2007

Catchwords

European Community - Trade marks - Knowledge of earlier trade mark - Whether necessary for earlier trade mark to be well known throughout territory of member state of registration or substantial part of it - Council Directive (EEC) 89/104, art 4(2)(d).

The Case

European Community - Trade marks. Article4(2)(d) of Council Directive (EEC) 89-104 (to approximate the laws of the Members States relating to trade marks) had to be interpreted as meaning that the earlier trade mark had to be well known throughout the territory of the Member State of registration or in a substantial part of it.

Practice Areas

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