A: In case para 86 is saying that someone who is using a trademark as keyword but not offering (reselling) any of the TM’s products or services on his website is causing damage to function of indicating origin would that mean that it is GENERALLY not allowed to book third party TM as keywords if you don’t sell the product on your website?
“86 In that regard, where the reseller, without the consent of a trade mark proprietor, removes that trade mark from the goods (‘de-branding’) and replaces it with a label bearing the reseller’s name, with the result that the trade mark of the manufacturer of the goods in question is entirely concealed, the trade mark proprietor is entitled to prevent the reseller from using that mark to advertise that resale. In such a case, damage is caused to the essential function of the trade mark, which is to indicate and guarantee the origin of the goods, and the consumer is prevented from distinguishing the goods originating from the proprietor and those originating from the reseller or other third parties (see, to that effect, Case C‑349/95 Loendersloot  ECR I‑6227, paragraph 24, and Boehringer Ingelheim and Others, paragraphs 14, 32 and 45 to 47).”
B: To my understanding the ECJ has introduced the criteria of use being “seriously detrimental to the reputation of the mark” in respect to Art 7 (2). (eg para 92 last sentence) I am somehow suspicious about the use of the word “reputation“. Is it possible that such detrimental use is only possible where the trademark actually is a trademark with reputation as mentioned in Art 5 (2)?