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AMICUS CURIAE TEAM


Submission of Amicus Curiae briefs before the European Courts either on its own or in cooperation with other professional organisations.

Responsibilities/Mission:
To intervene in legal proceedings where deemed appropriate and where permissible in cases considered to involve important trade mark issues likely to have a significant impact on trade mark owners or the public.

Members

Minutes
Publications

Amicus Curiae - EUTM conversion
30-05-2024
MARQUES has submitted a brief to the EUIPO in a case before the Grand Board of Appeal concerning the conditions under which conversion is admissible under Article 139(2)(b) of the EUTM Regulation.

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Amicus Curiae - Pirelli
17-11-2019
This case is about a device mark of Pirelli (a part of a tyre tread) the invalidation of which is sought by a competitor arguing that it consists of the shape of the goods concerned. In this case, MARQUES has so far been granted leave to intervene in the case before the CJEU to support Pirelli in the oral hearing. The oral hearing has not been scheduled but it may be interesting to see the court's decision to grant leave to intervene in favor or MARQUES.

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Intervention in Red Bull GmbH
05-02-2016
MARQUES Statement in Intervention in Red Bull GmbH (CJEU case T-101/15) regarding description requirements of a two-colour-mark.

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Amicus Curiae Letter in WTO Proceedings Ukraine v Australia
09-11-2015
Amicus Curiae Letter in WTO Proceedings Ukraine vs. Australia - Tobacco Plain Packaging (Ukraine) WT/DS/435 and 441.

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Amicus Curiae Comments in Case Nestle v Cadbury UK Ltd
08-12-2014
MARQUES comments in the matter of the Reference for a preliminary ruling to the Court of Justice of the European Union ("CJEU") from the High Court of Justice, Chancery Division (United Kingdom) made on 28 April 2014 – Société de Produits Nestlé SA v Cadbury UK Ltd (Case C-215/14)

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Amicus Curiae Brief re Voss of Norway
31-10-2014
Comments of MARQUES in the matter of the Appeal to the Court of Justice of the European Union ("CJEU") in Case C-445/13 P brought on 28 April 2011 by Voss of Norway ASA against the judgment of the General Court (First Chamber) given on 28 May 2013.

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Amicus Curiae - Lan Airlines
20-11-2011
MARQUES made comments to Interested Parties for the oral hearing in a case before the CJEU dealing with the proper identification of the "relevant public" when assessing a possible likelihood of confusion.

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Amicus Curiae - IP Translator
05-10-2010
In this case, MARQUES asked the CJEU to provide clarity on the scope of protection conferred by class heading specifications. MARQUES considered that the criteria of the Sieckmann case, or something close to them, should apply to the specification of goods and services.

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Amicus Curiae - Nokia vs HMRC
02-02-2010
MARQUES has made comments to the UKIPO related to the possible detainment of goods bearing a EUTM that are in transit through the EU where there is no evidence that the goods will be diverted onto the market in EU member states

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Amicus Curiae submission - Bang and Olufsen CTM 003354371
13-11-2008
MARQUES submission to the Court of First Instance in relation to the proceedings involving Bang & Olufsen a/s v The Office for Harmonization in the Internal Market (Case No: R0497/2005-1)

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