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.
THURSDAY, 21 FEBRUARY 2013
Court of Justice resolves dog-fight over lookalike CTMs
The Court of Justice of the European Union gave a ruling todayin Case C‑561/11Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza, a keenly-fought battle between two dog-breeding associations each of which held Community trade marks (CTMs) for similar signs.
The ruling confirms the advice of the Advocate General that the owner of the earlier CTM, depicted on the right, can sue the owner of the later one for trade mark infringement without first going through the process of seeking cancellation of the later registered CTM.
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