The European Court of Justice on the trademark 'Specsavers'
With the decision of 18 July 2013, the European Court of Justice (ECJ) ruled on the requisite of the ‘genuine use’ of a registered trademark and on the importance of colour in assessing the likelihood of confusion between two trademarks.
The decision is the result of two questions referred to the ECJ by a UK Court of Appeal dealing with an alleged infringement of Community trademarks registered by the Specsavers group.
First, ECJ was requested whether the use of a Community figurative complex trademark constituted by a shape used in conjunction with the word ‘Specsavers’ which is superimposed over it, can amount to ‘genuine use’ of the shape figurative trademark pursuant to sections 15(1) and 51(1)(a) Reg. EC/207/2009 on the Community trademark…
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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from NCTM
News from The Lawyer
Briefings from NCTM
…but the road to completion will be long
Lawmakers have introduced further measures in order to stimulate new loans after the pre-filing for concordato preventivo or for a debt restructuring agreement.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms