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.
Want to receive Class 46 by email?
Click here subscribe for free.
Click here subscribe for free.
Who we all are...
FRIDAY, 25 MAY 2012
f1 case: CTM proceedings can't touch validity of national marks
On the same day as the Court of Justice of the European Union gave its decision in the chocolate bunny case (here), it reminded us that it is not within the power of the Community trade mark institutions -- OHIM and the courts when adjudicating on a Community trade mark matter -- to rule upon the invalidity of a trade mark granted by a national or (in the case of Benelux marks) regional authority.
This timely reminder was delivered in an opposition, Case C-196/11 P Formula One Licensing BV v OHIM, in which aspersions were cast on the validity of an earlier national registered trade mark upon which a Community trade mark opposition was based. The court's ruling is well summarised in this Curia press release, but can also be read in full here.
Posted by: Blog Administrator @ 14.55
Tags: national trade marks, validity in CTM proceedings,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2842
f1 case: CTM proceedings can't touch validity of national marks
Tags: national trade marks, validity in CTM proceedings,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2842
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
