82It is also necessary that the use be made in accordance with honest practices in industrial or commercial matters, which is the only assessment criterion referred to in Article 6(1) of Directive 89/104. The condition of ‘honest practice’ is, in essence, an expression of the duty to act fairly in relation to the legitimate interests of the trademark proprietor (see Case C-100/02 Gerolsteiner Brunnen [2004] ECR I-691, paragraph 24 and the case-law cited there). It is therefore essentially the same condition as that laid down by Article 17 of the TRIPs Agreement.
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