Likelihood of Confusion and the Assessment of “Weak” Trade Marks

This e-presentation deals with EU law and CJEU case law on the assessment of likelihood of confusion in the case of weak or non-distinctive trademarks. It also contains a critical appraisal of the impact of CJEU case law in practice.

Prof Annette Kur

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Question 1 of 3

Question 1: The "freeze plus" solution codified in Article 14 of the Directive states that:

Member states shall change their existing provisions relating to the use of the design of a component part used for the purpose of the repair of a complex product so as to restore its original appearance and shall introduce changes to those provisions only if the purpose is to liberalise the market for such parts..

Member states shall maintain in force their existing provisions relating to the use of the design of a component part used for the purpose of the repair of a complex product so as to restore its original appearance and shall introduce changes to those provisions only if the purpose is to liberalise the market for such parts.

Member states shall maintain in force their existing provisions relating to the use of the design of a product for the purpose of the repair of a product so as to restore its original appearance and shall introduce changes to those provisions only if the purpose is to liberalise the market for such parts.

Question 2 of 3

**Question 2: According to the decision adopted by the Court of Justice in Ford Motor Company v Wheeltrims:**

the spare parts exception does not permit a manufacturer to infringe a third party’s trade marks.

the spare parts exception permits a manufacturer to infringe a third party’s trade marks.

it is unclear whether the spare parts exception permits a manufacturer to infringe a third party’s trade marks.

Question 3 of 3

Question 3: The EU Design Directive has harmonised the rules applicable to spares:

No.

Yes.