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…

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.

Briefings from NCTM

View more briefings from NCTM

Analysis from The Lawyer


Via Agnello 12

Turnover (€m): 77.00
Jurisdiction: Italy