CJEU: Is use of the trademark ZARA for a gift voucher permissible referring trademark use?
11-01-2024 Print this pageIPPT20240111, CJEU, Inditex v Buongiorno
Use of a trademark for the purpose of identifying or referring to goods or services is allowed when such use is necessary to indicate the intended purpose of the product (a gift card).
Article 6(1)(c) of Directive 2008/95 must be interpreted as meaning that it covers use of the trade mark in the course of trade by a third party for the purpose of identifying or referring to, in accordance with honest practices in industrial or commercial matters, goods or services as those of the proprietor of that trade mark only when such use of the trade mark is necessary to indicate the intended purpose of a product marketed by that third party or of a service offered by that party.
ADVERTISING LAW - TRADE MARK LAW
