Whether use of a trade mark in just one Member State is sufficient or not to support the validity of a CTM is an issue practitioners and Courts have struggled with since the CTM system began. The…
The CJEU had to decide whether “El Corte Inglés” was confusingly similar to “The English Cut”. It wasn’t – however it might just be similar enough for article 8(5) CTMR (dilution protection) to apply…
In his opinion of 17 December 2015 (Case C-163/15) concerning the trade mark ARKTIS, Advocate General Wathelet proposes that recordal of the license is not a necessary condition for the licensee to…
The Swedish Supreme Court has requested a preliminary ruling from the CJEU in respect of an infringement case involving a CTM in Sweden.
LF trademark as used
The case involves the Swedish…
Once again, the General Court has found a three-dimensional mark consisting of a product shape not sufficiently distinctive for registration. This time, the shape in question was that of a vehicle,…
For those who have been wondering ever since the PAGO International ruling (C-301/07) if the owner of a CTM with a (proven) reputation in one or a few member states can also enforce it as a „mark…
While many commentators discussed the judgment of CJEU of 16 September 2015 in the case C-215/14. - Société des Produits Nestlé SA v Cadbury UK Ltd. – also known KIT KAT case, most of them debated on…
