Use of another's trademark in advertising

Sometimes there is a need for a trader to refer to a competitor's business or trademark in his marketing. The need can arise in several situations. A common example is the provision of a service relating to another trader's products. Another example is the production by a trader of goods that are compatible with another trader's goods. For the provider of such goods or services, it is necessary to be able to refer to the product to which the accessory or service relates. The easiest way to do this is to use the trademark of the product. The purpose of the research project is to investigate the conditions for the right to use another's trademark in marketing. There is considerable uncertainty about the legal situation and the limits of permissible use. The uncertainty can be said to have arisen as a result of the harmonization and interpretation of trademark law within the framework of the EU and the European Court of Justice. These questions relate to central parts of trademark law, as they concern the delimitation of what the exclusive right to a trademark means in legal terms. There is therefore a strong practical need for these issues to be analyzed from a systemic perspective, where the various developments in the case law of the CJEU are discussed within a broader trademark law context.