Lastly, it submitted that the capacity of the marks in question to indicate the origin of the goods was evidenced by the fact that consumers sent counterfeits of the applicant’s originals to it for repair, even though they did not carry the ‘Mag Lite’ name, and that the counterfeiters often advertised their goods using the original design of the Mag Lite torch.

Main exemptions relate to the notices addressed to specialists within the industry; advertising at points of sale (under strict conditions); advertisements in publications published in other countries, unless the main objective is to advertise tobacco in Denmark; the use of a name, used before 13/12/2000 both for tobacco products and for other products to advertise such other products in a form in which it differs clearly from the appearance of the name of the tobacco product; the use of a name, which is well-known from tobacco pr ...[+++]oducts, in advertising of other products and services, provided that the other product or service is only marketed in a restricted geographical area. Sponsorship for the benefit of tobacco products is prohibited, as is any form of distribution aimed at promoting the sale of tobacco products.

All forms of advertising of tobacco products or of the manufacturers' name or brand image are prohibited, including point of sale advertising.

In particular it aims at banning tobacco advertising in the print media apart from a few limited exceptions, all forms of broadcast advertising and the sponsorship of events or activities involving several Member States with the aim of promoting a tobacco product, in order to supplement a 1989 Community Directive (Directive 89/552/EEC as amended by Directive 97/36//EC) which prohibits television advertising and sponsorship of tobacco products.

2. A national provision which, in order to give consumers greater protection against misleading advertising and for the sake of protecting health, firstly, prohibits advertising of cosmetic products by means of misleading statements concerning health and, secondly, introduces a national control system on the basis of which buyers must not be given the impression that a cosmetic product has certain effects if its composition does not include the substances which, in the opinion of the national legislature, alone justify and confirm the claim that it has such effects, and otherwise it is necessary to obtain special prior authorisation to a ...[+++]dvertise and to market the product, goes further than the restrictions authorised by Article 6(3) of Directive 76/68 and is therefore incompatible with Community law.

In practive this means : a) Advertising for tobacco rpoducts in newspapers or billboards, in cinemas etc. is not allowed. b) Free distribution of tobacco products is not allowed. c) A tobacco trademark, logo or other characteristic sign may not be used to advertise a product other than tobacco, since people perceive this as tobacco advertising.