The aim of this paper is to define the scope of protection afforded to ‘marks with reputation’ under EU Directives and Regulations. The authors argue that the protection granted to said marks also in relation to ‘not similar’ goods requires that, having regard to all the circumstances of the specific case, the consumer could be induced to reasonably suppose that the trade mark owner is somehow (industrially or commercially) connected with the circulation of products bearing an identical or confusingly similar sign. If this possibility cannot be assessed, it should be denied that the use of that sign either brings an unfair advantage to the third party user, or is detrimental to the distinctive character or the repute of the renowned trade mark. In sum, the thesis here submitted states that the protection afforded to renowned trade marks, even ‘extra moenia’ (ie beyond the risk of confusion in a strict sense between the products), anyway presupposes that a misleading message is conveyed to the consumer, inducing her/him to ‘transfer’ the reputation of the latter’s products to those of the third party user’s products, with the effect of altering the consumer’s purchasing choices.

中文翻译：

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论驰名商标的保护范围

本文的目的是确定欧盟指令和法规对“具有声誉的商标”的保护范围。作者认为，对上述商标的保护也与“非相似”商品有关，这要求考虑到特定情况的所有情况，可以诱使消费者合理地认为商标所有人是某种原因（工业上（或商业上）与带有相同或容易混淆的符号的产品的流通相关。如果无法评估这种可能性，则应否认该标志的使用或者给第三方使用者带来不公平的好处，或者损害著名商标的独特性或声誉。总而言之，这里提交的论文指出，对著名商标的保护，