The More the Merrier ‒ Coexistence of Trade Marks and Earlier Local Business Signs

Abstract This article analyses and discusses the rules in EU trade mark law that regulate the coexistence of EU or national trade marks and the rights in earlier local business signs. It looks at how the existing framework poses some challenges in determining the priority between the earlier and the later right, and in regulating the conflict between the earlier local right and the later trade mark right. It is argued that the conflict is of a special nature because it involves the balancing of the rights and interests of two parties with legitimate interests in using their respective rights. For this reason, the general principles for trade mark infringements cannot be used to solve the conflict. Instead, courts should rely on a broader assessment with particular emphasis on the legitimate interests of the holder of the earlier local right.