Opinion of the Advocate General — ECLI:EU:C:2003:615
Date: 2003-11-13
Language of the case: Swedish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Intellectual, industrial and commercial property;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Sweden

Summary of the Judgment Approximation of laws – Trade marks – Directive 89/104 – Grounds for revocation of a trade mark – Trade mark which has become the common name in the trade – Scope of term ‘in the trade’ – Relevant circles (Council Directive 89/104, Art. 12( 2)(a)) Article 12(2)(a) of the First Directive 89/104 relating to trade marks, which provides that the proprietor of a trade mark may have its rights revoked if the mark has become the common name in the trade for a product or service in respect of which it is registered, should be interpreted as meaning that, in cases where intermediaries participate in the distribution to the consumer or the end user of a product which is the subject of a registered trade mark, the relevant classes of persons whose views fall to be taken into account in determining whether that trade mark has become the common name in the trade for the product in question comprise all consumers and end users and, depending on the features of the market concerned, all those in the trade who deal with that product commercially. (see para. 26, operative part)