TRADEMARK | The CJEU on the use of reputed trademarks for political expression

On 8 September 2026, the EU Court of Justice (CJEU) issued its judgment in case C-298/23 (Inter IKEA Systems BV v Algemeen Vlaams Belang VZW), following a request for a preliminary ruling concerning the unauthorised use of reputed IKEA trademarks by a political party. The dispute arose after the Belgian political party Vlaams Belang used IKEA trademarks and imagery in a campaign promoting its immigration policy, invoking freedom of expression to justify such use. The CJEU held that freedom of expression, including political expression, may constitute “due cause” for the use of a reputed trademark under Article 9(2)(c) Regulation (EU) No. 2017/1001 of 14 June 2017 on the European Union trade mark, but its mere invocation is not sufficient. The third party must provide concrete reasons for the use and demonstrate that its interests prevail over those of the trademark proprietor. National courts must therefore balance the competing fundamental rights, considering all relevant circumstances, including the third party’s good faith, the contribution to a debate of general interest and the impact on the trademark proprietor. In the case at hand, the CJEU considered that the extensive use of signs highly similar, if not identical, to the IKEA trademarks could significantly harm their reputation and that exploiting such reputation merely to reinforce and disseminate a political message did not appear to constitute “due cause”, subject to verification by the referring court.

Newsletter n. 121 – August/September 2026