When seeking to describe a particular characteristic, intended
purpose or function of a product, it is possible to reference
another brand's trademark. For example, supermarket own-brand
coffee capsules that 'are compatible with Nespresso
machines'. However, there can be a fine line between
informative use and trademark infringement, as Noa Rubingh
explains.
The main function of a trademark is to identify the origin of a
product (or service), so why would a brand owner affix the
trademark of another brand owner onto their products? Companies may
choose to reference third-party trademarks when seeking to describe
particular characteristics of their products or to show their
purpose or function. For example, the compatibility of their
products with those of other companies, as is the case for a
producer of coffee capsules that are compatible with Nespresso
coffee machines. Such references are known as 'informative
use' and laid down in Article 14(1)(c) jo. 14(2) of
