Log in


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.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
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
Genuine use of COPAT not established, says CFI


In Case T-409/07 Cohausz v OHIM, decided on Wednesday, the CFI rejected an opposition to an application to register the figurative mark 'acopat', agreeing with the Board of Appeal that there had not been genuine use of the earlier German word marks COPAT on which the opposition was based. Cohausz, opposing the 'acopat' application, had filed a statement that its marks had been used during the preceding five-year period, through their being licensed to a specialist IP firm in Germany which used the mark in relation to its services on handouts, press folders, brochures, in its e-mail address and in its domain name. The CFI however considered that this statement was not supported by the various exhibits filed in support of it.  As is often the case, the supporting evidence consisted of documents that were undated, of invoices which could not be shown to be related to the brochures in question.

Posted by: Blog Administrator @ 08.12
Tags: Genuine use, proof of use,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1432
Reader Comments: 0
Post a Comment

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.

The Class 46 Archive








+44 (0)116 2747355

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE


Ingrid de Groot
Internal Relations Officer
Alessandra Romeo
External Relations Officer
James Nurton
Newsletter Editor
Robert Harrison

Signup for our blogs.
Headlines delivered to your inbox