On 6 October the European Court of Justice rendered its long expected judgment in the case PAGO/Tirol Milch about Community Trademarks ‘with a reputation in the Community’. The relevant question: does a trademark with a reputation in only one Member State have ‘a reputation in the Community’? The figurative trademark PAGO of a bottle with a glass filled with juice only enjoyed a reputation in member state Austria. Is that enough to be protected throughout the Community? Yes it is, the ECJ ruled. From the Chevy-ruling we already knew that such reputation must be at stake in a ‘substantial part’ of the European Community. The ECJ now confirmed that the entire territory of Austria is such substantial part. Bear in mind: Austria’s territory covers not even 2% of the entire Community. Austria has 8.2 million inhabitants, only 1.7% all the entire population of the Community. Obviously it is not too difficult for a CTM owner to obtain the additional goodwill protection for well-known marks, while the scope of that protection is quite broad since the L’Oréal/Bellure judgment by the ECJ. You don’t have to listen too carefully to hear the trademark owners clap their hands.
Maarten Haak
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On 6 October the European Court of Justice rendered its long expected judgment in the case PAGO/Tirol Milch about Community Trademarks ‘with a reputation in the Community’. The relevant question: does a trademark with a reputation in only one Member State have ‘a reputation in the Community’? The figurative trademark PAGO of a bottle with a glass filled with juice only enjoyed a reputation in member state Austria. Is that enough to be protected throughout the Community? Yes it is, the ECJ ruled. From the Chevy-ruling we already knew that such reputation must be at stake in a ‘substantial part’ of the European Community. The ECJ now confirmed that the entire territory of Austria is such substantial part. Bear in mind: Austria’s territory covers not even 2% of the entire Community. Austria has 8.2 million inhabitants, only 1.7% all the entire population of the Community. Obviously it is not too difficult for a CTM owner to obtain the additional goodwill protection for well-known marks, while the scope of that protection is quite broad since the L’Oréal/Bellure judgment by the ECJ. You don’t have to listen too carefully to hear the trademark owners clap their hands.
Maarten Haak