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.
WEDNESDAY, 14 NOVEMBER 2012
Mistakenly accepted seniority claims
Class 46 is indebted to Jade MacIntyre (Olswang LLP) for drawing the following information to its attention. As the Operations Support Department of OHIM has confirmed:
There is no proceeding before OHIM to challenge a mistakenly accepted
seniority claim. Alternatively, you can challenge the trade mark directly in
its respective country.
It appears to follow from this that, where a national mark contains a disclaimer or a colour claim but the corresponding Community trade mark does not, the respective marks do not then satisfy the 'triple identity' rule. In such circumstances the resultant seniority claim cannot be challenged.
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.