Limitation of the effects of an EU trade mark
- An EU trade mark shall not entitle the proprietor to prohibit a third party from using, in the
course of trade:
- (a) the name or address of the third party, where that third party is a natural person;
- (b) signs or indications which are not distinctive or which concern the kind, quality,
quantity, intended purpose, value, geographical origin, the time of production of
goods or of rendering of the service, or other characteristics of the goods or services;
- (c) the EU trade mark for the purpose of identifying or referring to goods or services as
those of the proprietor of that trade mark, in particular, where the use of that trade
mark is necessary to indicate the intended purpose of a product or service, in
particular as accessories or spare parts.
- Paragraph 1 shall only apply where the use made by the third party is in accordance with
honest practices in industrial or commercial matters.