For the ECJ infringement and invalidity actions are independent
With judgment rendered on 21 February 2013 in the case Fédération Cynologique Internationale v Federacion Canina Internacional de Perros de Pura Raza (Case C-561/11), the European Court of Justice (ECJ) gave its opinion on the possibility for the proprietor to prevent, according to Article 9, paragraph 1, of the Reg No 207/2009 on Community Trademark (CTMR), a third party to use a later-registered trademark without the need for that latter mark to have been declared invalid beforehand…
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