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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TUESDAY, 11 AUGUST 2015
PINK LADY dispute on the way to Luxembourg
Tags: Community trade mark, opposition, autonomous system,
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PINK LADY dispute on the way to Luxembourg
Case T 378/13 Apple and Pear Australia Ltd and Star Fruits Diffusion v OHIM, Carolus C. BVBA -- the ENGLISH PINK/PINK LADY Community trade mark ruling of the General Court earlier this year -- is being appealed to the Court of Justice of the European Union. This important case, discussed at some length by the IPKat here, deals with the extent to which the courts and organs of the Community trade mark (CTM) system should take notice of and/or be bound by a ruling of a national court that a mark already registered nationally, and for which a CTM application was made, was invalid in an EU Member State and could not be used there.
This action has now been renumbered C-226/15 P. Watch out for further developments!
Posted by: Blog Administrator @ 16.49Tags: Community trade mark, opposition, autonomous system,
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