Content of the EUTM Right
An EUTM confers on its proprietor an exclusive right entitling him to prevent the use by any third party, without his consent, of any identical or similar sign for identical or similar goods. The proprietor of a reputed EUTM may prohibit the use of an identical or similar sign for different goods or services when use of the sign, without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the EUTM.
The right conferred on the proprietor of an EUTM entitles him, in particular, to prohibit a third party from: (a) affixing the sign to the goods or to the packaging thereof; (b) offering the goods, putting them on the market or stocking them for these purposes or offering or supplying services under the sign; (c) importing or exporting the goods under the sign; (d) using the sign as a trade or company name or as part of a trade or company name; (e) using the sign on business papers and in advertising; (f) using the sign in comparative advertising in a manner that is contrary to Directive 2006/114/CE.
Notwithstanding the foregoing, the right conferred by a Community trademark will not entitle the proprietor to prohibit a third party from using in the course of trade: (a) his own name or address, when the third party is a natural person; (b) indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of the goods or of rendering of the service or other characteristics thereof; (c) the trademark where it is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts. These limitations apply provided that the use thus made by the third party is in accordance with honest practices in industrial or commercial matters.
Furthermore, the right conferred by an EUTM does not entitle the proprietor to prohibit its use on goods which have been put on the market in the European Economic Area under that trademark by the proprietor or with his consent.
An EUTM may be transferred, separately from any transfer of the undertaking, for all or for some of the goods or services for which it is registered. It may also be given as security or be the subject of rights in rem or may be levied in execution.
An EUTM may be licensed for all or some of the goods or services and for the whole or part of the territory of the EU. Licenses may be exclusive or non-exclusive.