CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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THURSDAY, 31 DECEMBER 2015
Pensa coexistence dispute on appeal to Luxembourg
Here's news of another General Court decision that is heading for an ultimate resolution by the Luxembourg-based Court of Justice of the European Union: it's Joined Cases T-544/12 and T-546/12 Pensa Pharma SA v OHIM. At the heart of the dispute is an invalidity action relating to Pensa's figurative sign on the right as well as the word mark PENSA PHARMA, registered for goods in Classes 3 and 5 and for services in Class 44. The attack comes from the PENTASA trade mark, but there's an extra twist here: the mark was originally registered following a coexistence agreement.
The CJEU reference is now Case C-442/15 P. To help advise the UK government if it should be making submissions, do please email your thoughts and comments to policy@ipo.gov.uk by 5 January 2016.
Posted by: Blog Administrator @ 11.16
Tags:
CJEU appeal, invalidity, coexistence agreement,
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