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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
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
THURSDAY, 31 DECEMBER 2015
Pensa coexistence dispute on appeal to Luxembourg

Here's news of another General Court decision that is heading for an ultimate resolution by the Luxembourg-based Court of Justice of the European Union: it's Joined Cases T-544/12 and T-546/12 Pensa Pharma SA v OHIM.  At the heart of the dispute is an invalidity action relating to Pensa's figurative sign on the right as well as the word mark PENSA PHARMA, registered for goods in Classes 3 and 5 and for services in Class 44. The attack comes from the PENTASA trade mark, but there's an extra twist here: the mark was originally registered following a coexistence agreement. 

The CJEU reference is now Case C-442/15 P. To help advise the UK government if it should be making submissions, do please email your thoughts and comments to policy@ipo.gov.uk by 5 January 2016. 

Posted by: Blog Administrator @ 11.16
Tags: CJEU appeal, invalidity, coexistence agreement,
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