ILO Intellectual Property - Austria 20/06/2011

Intellectual Property / IP & IT

Supreme Court clarifies trademark regulation for comparative advertising (Dr. Ferdinand Graf und Mag. Tanja Melber)

The Supreme Court recently clarified the applicability of Article 12(c) of the Community Trademark Regulation in the context of comparative advertising, ruling that it should be interpreted narrowly and must be employed only in cases where such usage is the only possibility for providing the public with comprehensive information on the marketed goods. 


Dr. Ferdinand Graf

LL.M. (NYU) Partner