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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
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
Jurisdiction to hear trade mark cases in Europe

The European Union's Council Decision of 15 October 2007 on the signing, on behalf of the Community, of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, was posted on the Official Journal website this morning. This Decision, which covers all EU Member States other than Denmark, authorises the President of the Council to sign the Convention on behalf of the Community.

Article 22 of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters refers to trade marks. It provides:

"The following courts shall have exclusive jurisdiction, regardless of domicile:


4. in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, irrespective of whether the issue is raised by way of an action or as a defence, the courts of the State bound by this Convention in which the deposit or registration has been applied for, has taken place or is, under the terms of a Community instrument or an international convention, deemed to have taken place".
This provision only affects registered rights, so will not govern the enforcement of rights under the laws of passing off, unfair competition or copyright in logos, in respect of which the other provisions of the Convention will apply.

Posted by: Blog Administrator @ 10.05
Tags: Jurisdiction,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

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