(a)
First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks · European Union
the trade mark is identical with, or similar to, an earlier national trade mark within the meaning of paragraph 2 and is to he, or has been, registered for goods or services which are not similar to those for which the earlier trade mark is registered, where the earlier trade mark has a reputation in the Member State concerned and where the use of the later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or che repute of the earlier trade mark;
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Source: EUR-Lex (Cellar) · retrieved 2026-10-29 · Text as adopted (Official Journal); later amendments are not incorporated in this text.