Court of Justice of the European Union

General Motors Corporation v Yplon SA (Case C-375/97)

Case C-375/9719991 min read
The case in brief30-second read
Facts
General Motors owned the Benelux mark CHEVY for cars and sought to stop Yplon using CHEVY for cleaning products.
Issue
When a mark has a 'reputation' for wider protection against use on dissimilar goods under Art.5(2) of the Trade Marks Directive.
Held
A mark has a reputation when it is known by a significant part of the public concerned with the goods, judged by market share, intensity, extent and duration of use and promotion. Reputation in a substantial part of the territory is enough.
Principle
A reputed mark is protected against unfair use on dissimilar goods where it is known to a significant part of the relevant public.
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Facts

  • General Motors owned the Benelux mark CHEVY for cars and sought to stop Yplon using CHEVY for cleaning products.

Issue

  1. When a mark has a 'reputation' for wider protection against use on dissimilar goods under Art.5(2) of the Trade Marks Directive.

Held

  • A mark has a reputation when it is known by a significant part of the public concerned with the goods, judged by market share, intensity, extent and duration of use and promotion. Reputation in a substantial part of the territory is enough.

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Citation

General Motors Corporation v Yplon SA (Case C-375/97) Case C-375/97

Reported: https://curia.europa.eu/juris/liste.jsf?num=C-375/97 (EU case; not on IK or SCI). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.