General Court on the abuse of rights in trademark invalidation proceedings
By decision rendered on 31 May 2013 within procedure T-396/11, the General Court set out the EU boundaries of the concept of ‘abuse of rights’.
The court ruled on the right to pursue the invalidity of a trademark under Article 56 (1)(a) of EC Regulation no. 207/2009 for lack of distinctive character, making it clear that any bad faith or private interest of the applicant (also animated by the mere purpose of using the sign subsequently cancelled) does not make the application vitiated by abuse of rights…
If you are registered and logged in to the site, click on the link below to read the rest of the NCTM briefing. If not, please register or sign in with your details below.
News from NCTM
Briefings from NCTM
One of the EPO Boards of Appeal has ruled on the highly debated issue of human stem cell patentability under the European Patent Convention.
On 7 February 2014, the European Court of Justice (Case 98-13) issued a ruling pertaining to the interpretation of Council Regulation (EC) no. 1383/2003.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms