Abstract

The judgement of the Court of Justice of the European Union C-334/22, Audi AG raises various crucial legal aspects regarding trademark protection and its limitations. The Court also made a statement within the possibility of applying the so-called repair clause based on trademarks, stemming from the industrial design system, and on the importance of the premise regarding “the use of a sign in the course of trade”, as well as on the protection and function of a designation of the origin of the mark in case of occurrence of the so-called double identity of two conflicting signs and goods. The biggest expectations regarding the judgement have been connected with the interpretation of article 14(1)(c) of the regulation 2017/1001, implemented within the last reform of EU regulations regarding trademarks, i.e., the provision regarding limitations of the right of a proprietor of a trademark to prohibit the use of that trademark in case of the so-called fair use.