Conclusions

2024 – Riga

Riga, September 2024 CONCLUSIONS 1. Objections to registration under Art. 7(1)(a) EUTMR 2017 and Art. 4(1)(a) TMD 2015 We consider that EU trade mark courts and tribunals can and should adopt a stricter and stronger approach to the exclusion of signs from registration under Art. […]

2023 – Prague

Prague, Městský soud – Court of Appeal of the city of Prague Art. 151(3) EUTMR 2017 confirms that the EUIPO “may provide voluntary mediation services for the purpose of assisting parties in reaching a friendly settlement”. In the last quarter of 2023, the Office will […]

2022 – Barcelona

Tribunal Superior de Justicia de Catalunya 1. Counterclaims Within the framework of Section 2 of the EUTM Regulation 2017 (“Disputes concerning the infringement and validity of EU trade marks”) Article 124(d) provides that EU trade mark courts have exclusive jurisdiction for counterclaims for invalidity of […]

2019 – Lisbon

Tribunal da Relação de Lisboa Picture by Rehman Abubakrhttps://commons.wikimedia.org/wiki/File:Rua_Augusta_Arch_-_April_2019.jpg First Part – Acquired Distinctiveness A short summary on the question of how “acquired distinctiveness” through a market survey is treated in the various national jurisprudences related to an application for registration or in cases to […]

2018 – Vienna

Palace of Justice Picture by Peter Gugerellhttps://commons.wikimedia.org/wiki/File:Wien_01_Justizpalast_a.jpg 1. De-branding In Case C-129/17 Mitsubishi EU:C:2018:594, the CJEU decided that the proprietor of a registered trade mark has the right to prevent third parties from introducing goods bearing his trade mark into the EEA and placing them […]

2017 – Leiden

University of Leiden Picture of Leiden by AWossinkhttps://commons.wikimedia.org/wiki/File:Oude_Sterrewacht,_Leiden.jpg 1. The test for determining whether a sign has acquired distinctiveness through use The CJEU was asked to determine whether, in order to establish distinctiveness acquired through use to the standard required by Art 3(3) of the […]

2016 – Trier

Academy of European Law 1. Combit / Commit We consider that the Judgment of the CJEU in Case C-223/15 Combit Software GmbH (COMBIT) increases the concern we expressed in our conclusions in 2015 concerning case C-125/14 (IMPULSE) (“…no criteria or standards have been identified or […]

2015 – Florence

European University Institute Picture of Florence by Steve Herseyhttp://flickr.com/photos/sherseydc/2954982676/ 1. On the point of extended protection for marks with a reputation We think that the answer given by the CJEU to Question 4 of the Order for Reference in Case C-125/14 Iron & Smith kft […]

2014 – Bellinzona

Bellinzona (Switzerland) Picture of Bellinzona by H005https://commons.wikimedia.org/w/index.php?curid=7498502 1. On the point of bad faith We think it should be clear to the effect that the subjective aspect of the assessment of bad faith relates only to what the applicant for a trademark may realistically be […]

2010 – Lake Como

Villa Vigoni, Lake Como Picture of Lake Como by Aconcaguahttps://commons.wikimedia.org/w/index.php?curid=2553547 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: 1. Oral Hearings: Result: […]