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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
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
G?zze Frottierweberei reference on heads for the CJEU

Here's a new Court of Justice of the European Union (CJEU) reference. It's Case C-689/15 W.F. Gözze Frottierweberei et Gözze. This is a request for a preliminary ruling from the Oberlandesgericht Düsseldorf in a case which concerns whether the use of an individual mark as a certification mark can constitute use as a trade mark. The questions are as follows:

  1. Can the use of an individual mark as a certification mark constitute, in relation to the goods for which it is used, use as a trade mark for the purposes of Articles 9(1) and 15(1) of Council Regulation 207/2009 on the Community trade mark?
  1. If Question 1 is to be answered in the affirmative: is such a mark to be declared invalid, in accordance with Article 52(1)(a) in conjunction with Article 7(1)(g) of Council Regulation 207/2009 on the Community trade mark, or to be revoked, in accordance with a mutatis mutandis application of Article 73(c) of that regulation, if the proprietor of the mark fails to ensure that expectations in trade relating to the quality associated with the sign are being met by carrying out periodic quality controls at its licensees?

If you would like to tell the UK Intellectual Property Office what you think about these questions please email policy@ipo.gov.uk by 17 February 2016.

Posted by: Blog Administrator @ 01.57
Tags: CJEU reference, certification mark,
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