3.

Article 3a shall be replaced by the following: ‘Article 3a Comparative advertising shall, as far as the comparison is concerned, be permitted when the following conditions are met: it is not misleading within the meaning of Articles 2(2), 3 and 7(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 ( *1 ); it compares goods or services meeting the same needs or intended for the same purpose; it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price; it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services, activities, or circumstances of a competitor; for products with designation of origin, it relates in each case to products with the same designation; 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; it does not present goods or services as imitations or replicas of goods or services bearing a protected trade mark or trade name; 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.

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Source: EUR-Lex CELLAR · retrieved 2026-08-05 · Text as consolidated on 2022-05-28; changes after this date are not shown.