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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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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
Recent literature
European Trade Mark Decisions is the second edition of a neat little book produced by British-based MARQUES members and patent and trade mark attorneys D Young & Co LLP. This book, well laid out and clearly written, provides in pocket-book format a handy and attractively-illustrated summary of not only the main decisions of the Court of Justice of the European Union on Community and national trade mark matters, but also a selection of some of the more important General Court decisions -- around 200 pages worth.  Authorship has been split between a team of 17 contributors. This title is available for £60 on Amazon, here.


The March 2014 issue of the Journal of Intellectual Property Law & Practice (JIPLP) carries an article by Karin Stumpf (Stumpf  Patent Attorneys, Stuttgart), "Repeated filings of a European Community trade mark".  According to the abstract:

"In order to overcome the strict use requirement for trade marks, trade mark owners whose marks become vulnerable to cancellation based on non-use upon expiration of the grace period have started to file identical applications for the same list of goods, thus obtaining another five-year period of non-use upon registration of the identical trade mark.

Repeated filing for the same trade mark has become a widely discussed issue; however, the legal ramifications at the European level remain vague.

Currently, the Community Trade Mark Directive does not cover the issue explicitly, thus putting competitors with an interest in the subject at a disadvantage.

This article discusses current case law and relevant statutes on the issue of repeated trade marks filing at the European level, and attempts to highlight shortcomings that need to be remedied in order to discuss and adjudicate this issue with more clarity".


The March 2014 issue of the European Intellectual Property Review (EIPR) features an analytical piece by veteran Dutch trade mark expert and MARQUES member Professor Charles Gielen, "Substantial Value Rule: How it Came into Being and Why it should be Abolished". This article attacks the provisions of Article 3(1)(e) of the Trade Mark Directive that exclude certain shapes from registrability.

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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.

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