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ARTICLE · 21 APRIL 2005

Use of third party trade marks permissible provided use is honest

The ECJ ruled on 17 March 2005 in Gillette v. LA– Laboratories (Case C-228/03) that a third party competitor was permitted to use the trade mark '<I>Gillette</I>' and '<I>Sensor</I>' on the packaging of their product, where such use was necessary to indicate the intended purpose of the product.

United KingdomIntellectual Property
Lucy Kilshaw
Lucy Kilshaw
Tom Scourfield
Tom Scourfield

The ECJ ruled on 17 March 2005 in Gillette v. LA– Laboratories (Case C-228/03) that a third party competitor was permitted to use the trade mark 'Gillette' and 'Sensor' on the packaging of their product, where such use was necessary to indicate the intended purpose of the product.

The decision contains an interesting discussion of the circumstances in which a trade mark may be used without the consent of the proprietor, including an explanation of the extent to which a third party's trade mark can be displayed on spare parts, accessories and primary products. The decision will be of particular interest to companies whose products and product accessories are interchangeable with those of their competitors.

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