Iron & Smith kft v Unilever NV

European Union – Trade marks. The Court of Justice of the European Union made rulings on preliminary issues concerning the interpretation of art 4(3) of Parliament and Council Directive (EC) 2008/95 to approximate the laws of the member states relating to trade marks. The Court held that, among other things, art 4(3) of the Directive had to be interpreted as meaning that, if the reputation of an earlier Community mark was established in a substantial part of the territory of the European Union, which might, in some circumstances, coincide with the territory of a single member state, which did not have to be the state in which the application for the later national mark had been filed, it had to be held that the mark had a reputation in the EU.

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