Keywords
Summary

Keywords

Approximation of laws — Trade marks — Directive 89/104 — Trade mark with a reputation — Protection of the trade mark extended to non-similar products or services (Articles 4(4)(a) and 5(2) of the Directive) — Member States also entitled to provide such protection in the case of use of a sign for identical or similar products or services — (Council Directive 89/104, Arts 4(1)(b), 4(a), 5(1) and (2))

Summary

Articles 4(4)(a) and 5(2) of First Directive 89/104 relating to trade marks, which allow the Member States to provide specific protection for registered trade marks with a reputation in cases where a later mark or sign, which is identical with or similar to the registered mark, is intended to be used or is used for goods or services which are not similar to those covered by the registered mark, are to be interpreted as also entitling the Member States to provide such protection where a later mark or sign is intended to be used or is used for goods or services identical with or similar to those covered by the mark.

Those provisions cannot be given an interpretation which would lead to marks with a reputation having less protection where a sign is used for identical or similar goods or services than where a sign is used for non-similar goods or services.

see paras 25, 30 and operative part