Mülhens GmbH & Co. KG v European Union Intellectual Property Office (T-150/04)

Judgment of 11 Jul 2007

law://eu/cjeu/2004/t-150-04/para_54@2026-11-14

54On the other hand, Article 8(5) of Regulation No 40/94 protects an earlier well-known mark against marks likely either to, take unfair advantage of its reputation or of its distinctive character, or to be detrimental to that reputation or to that distinctive character. While this protection can apply when the products or services covered by the marks at issue are identical or similar, it is intended, primarily, to be applied in the case of goods and services which are not similar (see, to that effect, and by analogy Case 0408/01 Adidas-Salomon and Adidas Benelux [2003] ECR I-12537, paragraph 22).

Mülhens GmbH & Co. KG v European Union Intellectual Property Office (T-150/04)

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