Judgment_paragraph 48 · Aktieselskabet af 21. november 2001 v European Union Intellectual Property Office (T-477/04)

48Article 8(5) of Regulation No 40/94 does not define ‘reputation’. However, it is clear from the case-law of the Court of Justice relating to the interpretation of Article 5(2) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), the substantive content of which is, in essence, identical to that of Article 8(5) of Regulation No 40/94, that, in order to satisfy the requirement of reputation, the earlier national mark must be known to a significant part of the public concerned by the goods or services covered by that trade mark.

Aktieselskabet af 21. november 2001 v European Union Intellectual Property Office (T-477/04)

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