Conflict with well-known marks
‘earlier trade marks’ means : (...) trade marks which, on the date of application for registration of the Community trade mark, or, where appropriate, of the priority claimed in respect of the application for registration of the Community trade mark, are well known in a Member State, in the sense in which the words ‘well known’ are used in Article 6bis of the Paris Convention.
(Art. 8(2)(c) CTM Regulation, see also Art. 4(2) Directive 2008/95)
(Art. 8(2)(c) CTM Regulation, see also Art. 4(2) Directive 2008/95)
1 preliminary ruling
Judgment of 22 Nov 2007, C-328/06 (Nu) 
Article 4(2)(d) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks is to be interpreted as meaning that the earlier trade mark must be well known throughout the territory of the Member State of registration or in a substantial part of it.
Disclaimer