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When does a reputed trade mark benefit from protection beyond likelihood of confusion? Article 8(5) EUTMR grants extended protection, even where the goods or services are dissimilar, provided certain cumulative conditions are met, including the existence of a “link” between the signs.
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When does a reputed trade mark benefit from protection beyond likelihood of confusion? Article 8(5) EUTMR grants extended protection, even where the goods or services are dissimilar, provided certain cumulative conditions are met, including the existence of a “link” between the signs.
In this article, João Pereira Cabral examines the meaning of that link, the criteria developed by EU case-law for its assessment, and its distinction from likelihood of confusion.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
