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EUIPO provides guidance on marks with a reputation in case involving fashion designer Thom Browne

May 22, 2025

Margherita Barié, along with Giulia Panigazzi, co-authored the article about:

  • The reputation of a trademark can be proven through various forms of evidence, with no strict requirement for quantitative data
  • It is sufficient to prove reputation in a single member state
  • A lower degree of similarity is required to assess unfair advantage based on the reputation of an earlier mark under Article 8(5), provided that the public perceives a link between the marks

This article first appeared in WTR Daily, part of World Trademark Review, in April 2025. For further information, please go to www.worldtrademarkreview.com

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