News:Jurisprudence

The SEPHORA trade mark enjoys widespread renown and enables its proprietor to prevent third parties from registering similar trade marks, even where those trade marks relate to goods that are very different from those for which the SEPHORA trade mark is renowned. This illustrates the benefits of a renowned trade mark and the value of opposing any subsequent trade mark that might be similar to it.

The proprietor of a trade mark may not prevent the marketing of genuine goods bearing that trade mark if those goods have been placed on the market by the proprietor themselves or with their consent. In such cases, their trade mark rights are exhausted and the goods in question must be allowed to circulate freely within the EU, with one exception…