Trade name LawPrint this page
Agreement establishing the World Trade Organisation – Articles 2(1), 16(1) and 70 of the TRIPs Agreement – Trade marks – Scope of the proprietor's exclusive right to the trade mark – Alleged use of the sign as a trade name
A Member State may, if it sees fit, and subject to such conditions as it may determine, protect a trade mark against use of a sign other than for the purposes of distinguishing goods or services, where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.
IPPT19766022, ECJ, Terrapin v Terranova
Free movement of goods: Import of products of an undertaking in another member state can be prohibited by virtue of a right to a trademark and a right to a commercial name, provided that there are no agreements restricting competition and no legal or economic ties between the undertakings exist.