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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
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Yvonne Onomor
WEDNESDAY, 26 DECEMBER 2007
When a coexistence agreement should be ignored

In Case R 1167/2006-1 British Sky Broadcasting Group plc v VORTEX (Société Anonyme), 27 November 2007, the OHIM First Board of Appeal considered carefully the effect of a coexistence agreement between the predecessor of a Community trade mark applicant and an opponent. This agreement, which dated back to 1988, was ultimately given no weight on the basis that it was an agreement entered into in order to settle litigation relating to specific marks; it was not however an agreement that could be said to apply going forward, to future disputes between the same parties that involved marks other than those to which it related.

Posted by: Blog Administrator @ 06.56
Tags: Coexistence agreements,
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