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, 23 DECEMBER 2010
Court of Justice rules in favour of Dutch in 'Bavaria' dispute
Yesterday the Court of Justice of the European Union ruled that the Dutch brewery Bavaria NV could continue to use its company name trade mark.
The Bayerischer Brauerbund (Bavarian Brewers Federation) had sought to prevent use of the "Bavaria" mark on the basis that it had a prior entitlement to protection against its use under the EU's regimes for GI protection -- but the Court, accepting the Opinion of the Advocate General in September, affirmed that GIs are protected from the date of their registration, not the date on which application for registration is sought.
Tags: GIs, commencement of protection,
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Court of Justice rules in favour of Dutch in 'Bavaria' dispute
Source: Case C-120/08 Bayerischer Brauerbund.
Posted by: Blog Administrator @ 13.05Tags: GIs, commencement of protection,
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