2010 – Lake Como

Villa Vigoni, Lake Como

The participants started with a short representation of the different court-systems and the prozedural law in trademarks proceedings in their Member States

Five questions arouse:

Is there a need for harmonizing:

Result: Harmonization is necessary. Oral hearings are seen as useful.

Result: It should be distinguished between “new facts” and “new points of law”; refusal could be foreseen, if the parties could have brought the reasoning to the proceedings at an earlier stage.

Result: It is already introduced in most of the courts dealing with infringements. There is no specific interest to focus on this point.

Result: Lay judges even if they are experts are not seen as necessary as long as there is the possibility that the court may request for outside experts opinions.

Result It is seen as useful and necessary that the trademark office should regularly take part in both procedures concerning registration and nullification, but not in cases of unfair competition.