Opinion of the Advocate General — ECLI:EU:C:2007:517
Date: 2007-09-13
Language of the case: Spanish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary of the Judgment Approximation of laws – Trade marks – Directive 89/104 – Registration of a trade mark refused or trade mark declared invalid – Conflict with an earlier trade mark well known in a Member State (Council Directive 89/104, Art. 4(2)(d)) Article 4(2)(d) of First Directive 89/104 on trade marks is to be interpreted as meaning that the earlier trade mark must be well known throughout the territory of the Member State of registration or in a substantial part of it. In the absence of a precise definition to that effect, a trade mark cannot be required to be well known ‘throughout’ the territory of the Member State and it is sufficient for it to be well known in a substantial part of it. However, the customary meaning of the words used in the expression ‘in a Member State’ preclude it from being applied to a situation where the fact of being well known is limited to a city and to its surrounding area which, together, do not constitute a substantial part of the Member State. (see paras 17-18, 20, operative part)