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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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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Jeremy Phillips
Laetitia Lagarde
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
FRIDAY, 20 FEBRUARY 2015
CTMs AND GENUINE USE IN ITALIAN OPPOSITION PROCEEDINGS - IS USE IN MEMBER STATES OTHER THAN ITALY SUFFICIENT?

CTMs AND GENUINE USE IN ITALIAN OPPOSITION PROCEEDINGS - IS USE IN MEMBER STATES OTHER THAN ITALY SUFFICIENT?  

THE ITALIAN PTO CONFIRMS THAT EU BORDERS ARE IRRELEVANT FOR THE PURPOSE OF PROVING GENUINE USE OF CTMs  IN ITALIAN OPPOSITION PROCEEDINGS.

The Italian IP blog Marchi e Brevetti Web (here) with a comment of Professor Stefano Sandri (who also acted as Examiner in the case at hand) here, reports on the first Italian Opposition decision dealing with the issue of evidencing genuine use of a CTM on which a national Italian opposition procedure is based.

In particular, in the absence of any precedents, it has been object of debate in Italy whether the evidence of genuine use of a CTM for the purpose of Italian national opposition proceedings may relate to EU Member States other than Italy only.

In its decision n. 32/2012 (Pepsico Inc. / Perfetti Van Melle S.p.A.), issued on 27 October 2014, the Opposition Division of the Italian PTO has held that the evidence of use provided with reference to Spain and France was sufficient.  This is in line with the unitary character of Community Trade Marks and the approach of the case law of the Court of Justice of the European Union. The decision is available on the Italian PTO website and on darts-ip.

 

Posted by: Edith Van den Eede @ 15.11
Tags: Italy, CTM, proof of use, genuine use, Italian opposition proceedings, community trade marks,
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA4014

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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