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.
News from NCTM
Briefings from NCTM
Shipping and Transportation Bulletin: circumvention of anti-dumping duties; concession fees; and more
NCTM comments on a recent EGC judgment dealing with circumvention of anti-dumping duties, a subject that has become quite frequent in international trade.
The EU Court of Justice has shed new light on the issue of trademark genericisation by drawing the boundaries of the concept of ‘relevant public’.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms