Judgment_paragraph 49 · Aktieselskabet af 21. november 2001 v European Union Intellectual Property Office (T-477/04)

49In examining that condition, it is necessary to take into consideration all the relevant facts of the case, in particular the market share held by the mark, the intensity, geographical extent and duration of its use, and the size of the investment made by the undertaking in promoting it (General Motors, paragraphs 26 and 27). The Court of Justice stated in General Motors that it cannot be inferred from either the letter or the spirit of Article 5(2) of the directive that the earlier mark must be known by a given percentage of the relevant public (paragraph 25) but that that reputation must exist in a substantial part of the territory concerned (paragraph 28). Two judgments of the Court of First Instance adopt, either expressly (Case T-8/03 El Corte Inglés v OHIM — Pucci (EMILIO PUCCI) [2004] ECR II-4297, paragraph 67), or by implication (Case T-67/04 Spa Monopole v OHIM — Spa-Finders Travel Arrangements (SPA-FINDERS) [2005] ECR II-1825, paragraph 34) the criteria thus laid down by the Court of Justice in that judgment.