On November 22, 2007, the ECJ indicated that there is no reputation in a substantial part of a member State if it is limited to a city or to its surrounding area.
The established principle is that a sign can not be registered as trademark if it is identical or similar to an earlier trademark which enjoyed reputation in a Member State or in a substantial part of it.
The trademark reputation shall therefore go beyond the sole territory attached to a city but is not, however, required to be established in the whole territory. It will belong to the National Court to further detail what shall be heard by “substantial part” of the Member State to better cursor this geographic requirement.