Reputation in the Community : Consequences for the Community Trade Mark system after the judgment of the PAGO case

On the 6 of October 2009 the European Court of Justice came with a preliminary ruling in the PAGO case concerning the geographical extent for a Community Trade Mark with reputation within the European Community. The judgment has given rise to a lot of questions. The fact that the ECJ, the Advocate General and Lawyers have different opi-nions on the geographical extent and on the outcome of the case creating big discus-sions on the topic of the necessity of Community Trade Marks. This has given rise to the purpose of this thesis which is to investigate the requirement for having a reputation in the Community according to Art 9.1 (c) CTMR, and analyze the legal consequences and possible threats to the Community Trade Mark system and proprietors of trade marks after the judgment of the PAGO case. This investigation has shown that there are four possible consequences for the CTM system after the judgement. Small countries, such as Luxembourg, are now might seen as a substantial part of the Community, PAGO is now protected within the European Community even in those countries where no one has heard about the brand, companies can obtain injunction in a country without proving reputation there and companies can put all their marketing effort into one country and thereby get protection in the whole Community. The outcome of this case is positive for proprietors of CTMs since it makes it easier for them to gain protection against other actors on the market. The biggest threat for the CTM system is the fact that unclear terms and judgements dis-rupt the Countries within the Community and destroys the harmonization, which the TMD, CTMR and the CTM is trying to build up