NCTM

European Top 100 position: 42

The prior registration of a domain name does not prevent the registration of a posterior community trademark

With judgment rendered on 14 May 2013 (joint cases T-321/11 and T-322/11), the EU General Court confirmed OHIM’s decision to reject two oppositions against a trademark application, both based on the prior registration and alleged use of the same word as a domain name.

The two oppositions were based on article 8, paragraph 4, of the Community Trademark Regulation (CTR) No. 207/2009, which considers the ‘use in the course of trade’ of a sign to be a valid ground for refusal of registration of a posterior trademark…

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