Wine Law

29 3) This good faith requirement is also applicable to the prior trademark owner, who may not oppose the validity of a trademark, where he consents expressly to the registration of the EUTM before submission of the application for a declaration of invalidity or the counterclaim (Art. 60.3). III.2. A Legitimate Exercise of the Trademark Pursuant to Article 9 EUTMR, a valid trademark confers exclusive rights for ten years, renewable by the owner, who is entitled to prevent all third parties not having his consent from using in the course of trade, in relation to goods or services, any sign, where the sign is identical or similar and is used in relation to identical or similar goods and services to those for which the trademark is registered or to benefit from the reputation of his prior EUTM. Thus, affixing the sign to the goods or to the packaging of those goods, offering them for sale, importing them, using the sign as a trade or company name, on business paper and in advertising (Art. 9.3) may be prohibited inter alia. However, such exclusive right is not absolute and is subject to the good faith of each actor. Therefore, its scope could be limited by legitimate use, but also extended in case of bad faith. III.2.1. Legitimate use made by a third party 1) Recital 21 of the EUTMR provides that: “ the exclusive rights conferred by an EU trade mark should not entitle the proprietor to prohibit the use of signs or indications by third parties which are used fairly and thus in accordance with honest practices in industrial and commercial matters. In order to ensure equal conditions for trade names and EU trade marks in the event of conflicts, given that trade names are regularly granted unrestricted protection against later trade marks, such use should be only considered to include the use of the personal name of the third party. It should further permit the use of descriptive or non-distinctive signs or indications in general ”. Such will was expressed through the adoption of Article 14, which provides: