The likelihood of association of trade marks : an assessment in the light of the recent case law of the court of justcie

Abstract

The Trade Mark Directive introduced the concept of «likelihood of association» into trade mark law in the areas of infringement and relative grounds of invalidity. The origins of this concept can be traced back to Benelux Trade Mark Law. Much of the confusion surrounding the concept has been caused by the fact that too many commentators have focused on the facts of a few spectacular cases, rather than on the theoretical foundations of the concept.