Well – Known Trademarks
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In trademark law, in some cases, only holders of “well-known trademarks” can take action against certain use of their trademark by a third party. The question is when a brand is “known” enough to account for this. The Court of Justice of the European Union (CJEU) has determined when this is the case.
Famous Brand?
A well-known trademark exists when the trademark is known to a significant part of the public for which the goods or services offered under that trademark are intended. To determine this, all circumstances of the case are considered, including the brand’s market share, geographic scope and duration of use of the brand.
Area of Protection
A well-known trademark need not be known throughout the area in which it is protected. A well-known Community trademark does not, therefore, have to be known throughout the whole EU and a well-known Benelux trademark does not have to be known in Belgium, the Netherlands and Luxembourg. It is sufficient for the trademark to be known in a significant part of the protection zone.
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