41As regards the first part of that question, the Court of Justice has consistently held that the condition of ‘honest use’ within the meaning of Article 6(1) of Directive 89/104 constitutes in substance the expression of a duty to act fairly in relation to the legitimate interests of the trade mark owner (BMW, paragraph 61; Gerolsteiner Brunnen, paragraph 24). Such an obligation is similar to that imposed on the reseller where he uses another's trade mark to advertise the resale of products covered by that mark (Case C-337/95 Parfums Christian Dior [1997] ECR I-6013, paragraph 45; BMW, paragraph 61).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.