Traduction de «notoriété de marque » (Français → Anglais) :

Consequently, the Court of Justice finds that the General Court was fully entitled, without distorting the national law , to infer from it that, irrespective of the sector in which that renown was acquired and even where the name of the well-known person has already been registered or used as a trade mark, the proprietor of a well-known name is entitled to prevent the use of that name as a trade mark where he has not given his consent to its registration as a trade mark.

However, even though renown or reputation of the earlier mark cannot be found for the whole of the relevant public – the average French consumer who is deemed to be reasonably well informed and reasonably observant and circumspect – there is a likelihood of confusion between the opposing marks given the identity or, at least, the high degree of similarity between the goods in dispute and the similarity of the respective signs.

it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products.

In making that assessment it must make a global assessment of all relevant factors, in particular the degree of aural, visual or conceptual similarity between the mark and the sign and the distinctiveness which the mark has either per se or by virtue of the degree of recognition of the mark.

'In the assessment of the similarity of goods or services covered by two marks within the meaning of Article 4(1)(b) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, account may be taken of the distinctive character, in particular the reputation, of the earlier mark in deciding whether there is sufficient similarity to give rise to a likelihood of confusion.

This activity would, as far as comparison is concerned, be permitted when the following conditions were met: - it is not misleading according to Directive 84/450/EEC; - it compares goods or services meeting the same needs or intended for the same purpose; - it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price; - it does not create confusion in the market place between the advertiser and a competitor or between the advertiser's trade marks, trade names, other distinguishing marks, goods or services and those of a competitor; - it does not di ...[+++]scredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services or activities of a competitor; - for products with designation of origin, it relates in each case to products with the same designation (account should be taken here of the provisions resulting from Regulation No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, in particular Article 13 thereof, as well as the other Community provisions adopted in this connection in the agricultural sphere); - it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products.