EUROPEAN COURT OF JUSTICE ON THE USE OF A PREVIOUS TRADEMARK REPUTATION IN TERMS OF INFRINGEMENT

Abstract

The proprietor of the trademark has the right to prohibit the use of a protected (or similar) trademark, which may mislead consumers. It is debatable whether this notion is considered only through the prism of quantitative criteria or for its determination it is necessary to apply qualitative criteria. Quantitative criteria refer to the necessary degree of brand awareness in the trade, and qualitative ones refer to all the circumstances that can affect the good reputation of the so-called trademark reputation. The subject of research is the case law of the European Court of Justice, which will determine how the court acts in cases of trademark infringement by exploiting its reputation. To this end, the authors make an analysis of Directive 207/2009 which regulates the issue of relative reasons for refusal of registration. According to the provisions of Directive 207/2009, the member states of the European Union in their legal solutions should provide procedures, measures and legal remedies in which way the realization of legal protection would be ensured.