WEDNESDAY, 14 NOVEMBER 2012
Mistakenly accepted seniority claims Class 46 is indebted to Jade MacIntyre (Olswang LLP) for drawing the following information to its attention. As the Operations Support Department of OHIM has confirmed:
It appears to follow from this that, where a national mark contains a disclaimer or a colour claim but the corresponding Community trade mark does not, the respective marks do not then satisfy the 'triple identity' rule. In such circumstances the resultant seniority claim cannot be challenged. |
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