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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
TUESDAY, 26 JANUARY 2016
Genuine use in only part of the EU: another reference for the CJEU

There's another trade mark case heading for the Court of Justice of the European Union (CJEU): it's Case C-654/15 Länsförsäkringar. It's a reference from the Högsta domstolen, Sweden.

This request for a preliminary ruling concerns the circumstances where third parties use, without consent, in the course of trade, a sign similar to a Community trade mark. The questions concern the interpretation and application of Article 9(1)(b) of Council Regulation 207/2009 where third parties use, without consent, in the course of trade, a sign similar to a Community trade mark.

The questions are:

1. Does it affect the proprietor’s exclusive right that, within a period of five years following registration, he has not made genuine use of the Community trade mark in the European Union for goods or services covered by the registration?

2. If the answer to question 1 is in the affirmative, in what circumstances and in what way does that situation affect the exclusive right?

If you would like to comment on this case and guide the UK government in its decision whether to make a submission on this reference, please email policy@ipo.gov.uk by 29 January 2016.

Posted by: Blog Administrator @ 11.57
Tags: CJEU reference, genuine use, EU,
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