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 16
- services 12
- goods 12
- marks 10
- does 8
- competitor 8
- products 6
- distinguishing 6
- same 6
- designation 6
- advertiser 4
- commercial 4
- origin 4
- unfair 4
- compares 4
- name 4
- mark 4
- directive 4
- and 4
- names 4
- between 4
- practices 4
- activities 2
- or circumstances 2
- denigrate 2
- discredit 2
- price 2
- relates 2
- which 2
- replicas 2
- traders 2
- among 2
- confusion 2
- create 2
- protected 2
- bearing 2
- imitations 2
- each 2
- present 2
- competing 2
- reputation 2
- advantage 2
- take 2
- case 2
- include 2
- article 2
- features 2
- met: 2
- //ec 2
- articles 2
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. |
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