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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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WEDNESDAY, 13 MARCH 2013
MF7 dispute heads for CJEU ruling

 A reference for a preliminary ruling has been made to the Court of Justice of the European Union in Case C-49/13 MF7, in which the referring court asks the following questions: 

1. Is Article 3(2)(d) of the [Trade Mark] Directive to be interpreted as meaning that, for the assessment of whether a trade mark applicant acted in good faith, only circumstances apparent before the date or on the date of the submission of the trade mark application are relevant, or can circumstances which occurred after the application was submitted also be used as supporting evidence of the fact that the applicant acted in good faith ? 2. Is it necessary to apply the judgment in Joined Cases C-414/99 to C-416/99 [Zino Davidoff and Levi Strauss v Tesco and others] generally to all cases where it is being assessed whether a trade mark proprietor agreed to conduct which may result in weakening or limitation of his exclusive rights ?

3. Is it possible to infer good faith on the part of an applicant for a later trade mark from the situation in which the proprietor of an earlier trade mark concluded agreements with it, on the basis of which that proprietor consented to the publication of periodical printed material whose designation was similar to mark applied for by the later trade mark applicant, agreed with the registration of that printed material by the applicant for a later trade mark and offered that applicant support in its publication, but the agreements concerned nevertheless did not expressly regulate the issue of the intellectual property right?

4. In so far as circumstances occurring after a trade mark application was submitted may also be relevant for the purposes of the assessment of whether the trade mark applicant acted in good faith, is it possible, in the alternative, to infer the fact that the applicant acted in good faith from the situation in which the proprietor of the earlier trade mark knowingly tolerated the existence of the contested trade mark for a period of at least ten years?

This blogger doesn't know anything about this reference or the underlying dispute.  Can any reader advise?
Posted by: Blog Administrator @ 22.57
Tags: CJEU reference, good faith,
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