Judgment_paragraph 113 · Future Enterprises Pte Ltd v European Union Intellectual Property Office (T-518/13)

113It follows from Article 8(5) of Regulation No 207/2009 that the proprietor of a trade mark with a reputation may be obliged, pursuant to the concept of ‘due cause’ within the meaning of that provision, to tolerate the use by a third party of a sign similar to that mark in relation to a product which is identical to that for which that mark was registered, if it is demonstrated that that sign was being used before that mark was filed and that the use of that sign in relation to the identical product is in good faith (see, to that effect and by analogy, judgment of 6 February 2014 in Leidseplein Beheer and de Vries, C‑65/12, EU:C:2014:49, paragraph 60).

Future Enterprises Pte Ltd v European Union Intellectual Property Office (T-518/13)

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