Judgment_paragraph 65 · Safariland LLC v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-262/09)

65As regards the cessation of the contractual relationship at the time when the application for the trade mark is filed, it must be found that – as is also apparent from the abovementioned guidelines – it is not necessary for the agreement between the parties still to be in force at the time when the application for the trade mark is filed and that Article 8(3) of Regulation No 207/2009 also applies to agreements which have expired before the filing date of the Community trade mark application, provided that sufficient time has elapsed for there to be good reason to assume that the obligation of trust and confidentiality was still present when the Community trade mark application was filed. That liberal interpretation of Article 8(3) of Regulation No 207/2009 is intended to protect the trade mark proprietor even after the cessation of the contractual relationship from which an obligation of trust derived.

Safariland LLC v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-262/09)

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