IPR Helpdesk
Published on IPR Helpdesk (https://www.iprhelpdesk.eu)

Home > Can the owner of a trade mark with a reputation stop the use of a similar mark used in relation to unrelated goods and/or services?

Can the owner of a trade mark with a reputation stop the use of a similar mark used in relation to unrelated goods and/or services? [1]

Category: 
Trade Marks [2]

A trade mark with a reputation may be protected from unauthorised use in relation to non-competing goods and/or services. They are protected in case the use of a later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark. When determining whether a trade mark has a reputation, the following aspects should be taken into consideration:  the duration, extent, and geographical reach of advertising and publicity of the trade mark; the amount, volume, and geographical extent of sales of goods and services offered under the mark; the extent of actual recognition of the mark.

  • about us
  • partners
  • why register?
  • testimonials
  • disclaimer
  • privacy
  • copyright
  • RSS Feed
  • Twitter
  • LinkedIn
  • YouTube

© European Union (2011 - 2018). This project receives funding from the European Union’s Horizon 2020 research and innovation programme under Grant Agreement No 641474.
Call us: +352 25 22 33 333 / Our helpdesk office hours are from 08:30 to 18:00 CET/CEST (Monday to Friday).

Last update: 19/04/2018


Source URL: https://www.iprhelpdesk.eu/kb/1668-can-owner-trade-mark-reputation-stop-use-similar-mark-used-relation-unrelated-goods-andor

Links:
[1] https://www.iprhelpdesk.eu/kb/1668-can-owner-trade-mark-reputation-stop-use-similar-mark-used-relation-unrelated-goods-andor
[2] https://www.iprhelpdesk.eu/taxonomy/term/157