Excessive Trademark Protection Where is the line? A study on the conflict between European Trademark and Competition Law

Abstract: In today's market trademarks are extremely valuable. The proprietors need to be creative in order to prevent infringements of their trademarks. However, the CJEU have ruled that proprietors are not allowed to take measures that limit the competition of the Union without any positive effects for the benefit of consumers. The Commission has proposed amendments to the trademark legislations of the Union which will generate more legal certainty and also some stronger protection for trademark proprietors. Still, the decisions made by the CJEU will not be changed and the negative attitude, from the past, against trademarks seems to still be present, limiting trademark proprietors to an extent that they cannot protect their trademarks’ image thus risk diminishing the trademarks’ existence.