As part of its study on the implementation of the Trade Marks Directive (2015/2436/EU), the ECTA Harmonization Committee examined how the EU Member States provide protection to trade marks with reputation under Art. 5 (3), outlining the changes that the Directive brought about in the different countries.

The report focuses on the concept of reputation, the criteria adopted by National Offices and Courts to recognise reputation, the kind of evidence to be provided to demonstrate reputation, the relevant public to be taken into account, as well as other remarks regarding proceedings.

The full project report and complete compilation of answers are available for ECTA members only in the Private Site/Library/Project Reports.

We thank the Harmonization Committee Leaders and team members, in particular Andrea Brandstetter-Kupka (Sonn IP Attorneys, AT) and Judit Lantos (Danubia Patent & Law Office LLC, HU), who brought this project to fruition for the benefit of the ECTA community.