MONDAY, 7 DECEMBER 2009
(Almost) anyone v Iranian Tobacco Co was possible
In its concise decision of 03/12/2009 the General Court confirmed that under Art. 55(1)(a) of the Regulation No 40/94 there is no requirement for the applicant seeking to revoke a mark to demonstrate an interest in acting. At most, it requires the applicant to be a natural person or a legal entity with the capacity to sue. In contrast, the applications for revocation on relative grounds (Art. 55(1)(b) and (c)) can only be brought by those with interests in challenging the mark (eg., trade mark owners or licensees authorised by trade mark owners etc). The reason for allowing such a wide range of person to challenge a CTM is that there is no justification for protecting those marks where they are not genuinely used (para. 23).
T-223/08 (in French)
Posted by: Sasha Yelnik @ 01.30