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  • Buckfast

    IIC - International Review of Intellectual Property and Competition Law, 7/2018, Letnik: 49, Številka: 6
    Journal Article

    Trade mark owners may not prohibit a third party from using, in the course of trade, indications concerning the kind, the quality, quantity, the intended purpose, the value, the geographical origin, the production time of goods or of rendering of the service or other characteristics thereof, provided that such use is in accordance with honest practices in industrial and commercial matters. The use of a term that has been registered as a trade mark but is also understood by the relevant trade circles as a customary indication of certain products (here “Buck” and “Buckfast” for bees and beehives) is in compliance with honest practices in industrial and commercial matters and thus not infringing.