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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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Anthonia Ghalamkarizadeh
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Is Germany not the place to litigate? Depends where your seat is ...

After the recent spate of Community trade mark disputes going on appeal to the Court of Justice of the European Union (CJEU), it's good to see another reference from a national court heading towards the same tribunal: it's Case C-617/15 Hummel Holding, a reference for a preliminary ruling from the Oberlandesgericht Düsseldorf. In the underlying dispute the plaintiff maintains that certain goods being placed on the market infringe its Community trade mark, but the first defendant has raised an objection to the action on the ground that the German courts lack international jurisdiction.

The question referred to the CJEU reads as follows:

Under which circumstances is a legally distinct second-tier subsidiary, with its seat in an EU Member State, of an undertaking that itself has no seat in the European Union to be considered as an ‘establishment’ of that undertaking within the meaning of Article 97(1) of Council Regulation 207/2009 on the Community trade mark?

As usual,if you would like to comment on this case and help assist the UK government decide if it should make any submissions, please email policy@ipo.gov.uk by 15 January 2016.

Posted by: Blog Administrator @ 12.13
Tags: CJEU reference, jurisdiction,
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