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.
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TUESDAY, 11 DECEMBER 2012
ONEL, OMEL ruling due next week
On the afternoon of next Wednesday, 19 December, the Court of Justice of the European Union will be giving its keenly-awaited ruling in Case CC-149/11 Leno Merken. If you turn the name "Leno" back to front, you get ONEL, the controversial Community trade mark at the heart of this Benelux reference. Why was it controversial? Because, in an opposition to an application to register the nearly-identical word OMEL as a Benelux mark, its proprietor demonstrated proof of use in just one of the 27 EU Member States which, OMEL's owner maintained, was not "genuine use" of a Community trade mark.
Tags: Genuine use, Community trade mark,
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ONEL, OMEL ruling due next week
If you'd like to whet your appetite for next week's ruling, you can re-read Advocate General Eleanor Sharpston's Opinion of 5 July in full here.
Posted by: Blog Administrator @ 08.01Tags: Genuine use, Community trade mark,
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