Judgment_paragraph 39 · Interflora Inc. and Interflora British Unit v Marks & Spencer plc and Flowers Direct Online Ltd (C-323/09)

39With regard to the functions of the trade mark other than that of indicating origin, it should be noted that both the European Union legislature – by using the words ‘in particular’ in the tenth recital to Directive 89/104 and in the seventh recital to Regulation No 40/94 – and the Court – by using since its judgment in Arsenal Football Club the words ‘functions of the trade mark’ – have indicated that a trade mark’s function of indicating origin is not the only function of the mark that is worthy of protection against injury by third parties. They have thus taken into account the fact that a trade mark is often, in addition to an indication of the origin of the goods or services, an instrument of commercial strategy used, inter alia, for advertising purposes or to acquire a reputation in order to develop consumer loyalty.

Interflora Inc. and Interflora British Unit v Marks & Spencer plc and Flowers Direct Online Ltd (C-323/09)

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