keyboard_tab Fair Advertising 2006/0114 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- trade 8
- services 6
- goods 6
- marks 5
- does 4
- competitor 4
- products 3
- distinguishing 3
- same 3
- designation 3
- advertiser 2
- commercial 2
- origin 2
- unfair 2
- compares 2
- name 2
- mark 2
- directive 2
- and 2
- names 2
- between 2
- practices 2
- activities 1
- or circumstances 1
- denigrate 1
- discredit 1
- price 1
- relates 1
- which 1
- replicas 1
- traders 1
- among 1
- confusion 1
- create 1
- protected 1
- bearing 1
- imitations 1
- each 1
- present 1
- competing 1
- reputation 1
- advantage 1
- take 1
- case 1
- include 1
- article 1
- features 1
- met: 1
- //ec 1
- articles 1
Article 4
Comparative advertising shall, as far as the comparison is concerned, be permitted when the following conditions are met:
| (a) | it is not misleading within the meaning of Articles 2(b), 3 and 8(1) of this Directive or Articles 6 and 7 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‘Unfair Commercial Practices Directive’) (7); |
| (b) | it compares goods or services meeting the same needs or intended for the same purpose; |
| (c) | it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price; |
| (d) | it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services, activities or circumstances of a competitor; |
| (e) | for products with designation of origin, it relates in each case to products with the same designation; |
| (f) | it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products; |
| (g) | it does not present goods or services as imitations or replicas of goods or services bearing a protected trade mark or trade name; |
| (h) | it does not create confusion among traders, between the advertiser and a competitor or between the advertiser's trade marks, trade names, other distinguishing marks, goods or services and those of a competitor. |
whereas