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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TUESDAY, 6 JULY 2010
Priority in filing: does every minute count?
The reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 16 April 2010 in Case C-190/10 Génesis Seguros Generales Sociedad Anónima de Seguros y Reaseguros (GENESIS) v Boys Toys S.A., Administración del Estado has now been posted on the Curia website. The question referred for the ruling is this:
May Article 27 of Council Regulation 40/94 of 20 December 1993 on the Community trade mark be interpreted in such a way as to enable account to be taken not only of the day but also of the hour and minute of filing of an application for registration of a Community trade mark with OHIM (provided that such information has been recorded) for the purposes of establishing temporal priority over a national trade mark application filed on the same day, where the national legislation governing the registration of national trade marks considers the time of filing to be relevant?
Posted by: Blog Administrator @ 08.47
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