On the Infringement of Freedom of Speech Caused by Excessive Protection of Trademark Rights under European Union Legislation

With the expansion of trademark rights under European Union (EU) law, tensions between trademark protection and freedom of expression have intensified. This paper examines how the EUs broad interpretation of "use in the course of trade" has led to the infringement of both commercial and non-commercial speech. Cases such as *APT Training v. Birmingham NHS Trust* and *SodaStream v. MySoda* show how courts often classify charitable and environmental initiatives as commercial, exposing them to infringement claims. In the commercial sphere, the investment and communication functions of trademarks are increasingly used to suppress comparative advertising and parodykey forms of expressive conduct. These findings suggest that the EU legal framework disproportionately favors trademark protection, creating a chilling effect on public-interest speech and artistic or critical expression. The paper concludes by calling for clearer legislative guidelines and stronger recognition of freedom of speech as a fundamental right in trademark disputes.