Judgment_paragraph 54 · European Union Intellectual Property Office v Puma SE (C-564/16 P)

54In that regard, it is apparent from the wording of Article 8(5) of Regulation No 207/2009 that the application of that provision is subject to the cumulative conditions that: first, the marks at issue must be identical or similar; second, the earlier mark cited in opposition must have a reputation; and, third, there must be a risk that the use without due cause of the trade mark applied for would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier mark (see, to that effect, order of 17 September 2015, Arnoldo Mondadori Editore v OHIM, C‑548/14 P, not published, EU:C:2015:624, paragraph 54).