In the case PAGO International v Tirol Milch the Austrian Supreme Court referred to the European Court of Justice (“ECJ”) for a preliminary ruling on the question whether a Community trademark enjoys "a reputation in the Community" within the meaning of Article 9 (1)(c) CTMR where it has a reputation in only one Member State. According to the OHIM Guidelines reputation in one Member State would be sufficient to fulfil the criterion. However, Advocate General Sharpston advised in the PAGO case that the threshold should be higher. According to Sharpston there must be a reputation in a substantial part of the European Community. One will have to wait and see if the ECJ will follow Sharpston’s opinion. If her advice is followed, this will particularly have consequences for owners of Community trademarks that trade in only a small part of the European Community.