Journal Article

<i>Inter Partes</i> Proceedings and the Reform of the Community Trade Mark Implementing Regulation

Arnaud Folliard-Monguiral and Giuseppe Bertoli

in Journal of Intellectual Property Law & Practice

Volume 1, issue 3, pages 177-187
Published in print February 2006 | ISSN: 1747-1532
Published online January 2006 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpi044
Inter Partes Proceedings and the Reform of the Community Trade Mark Implementing Regulation

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Legal and practical context. Commission Regulation 1041/2005 of 29 June 2005, which amends the Community Trade Mark Implementing Regulation, entered into force on 25 July 2005. Substantial amendments are brought to inter partes proceedings, that is oppositions and applications in revocation or in invalidity, and appeal procedures.

Key points. The rules governing the substantiation of the earlier rights and time limits are now stricter. Also, the new regime aims at circumscribing the consequences of the rather broad interpretation which the Court of First Instance gave over the last two years to the notion of functional continuity between the opposition division and the Boards of Appeal.

Practical significance. The authors analyse the new provisions contained in the Community Trade Mark Implementing Regulation in the light of the latest case law of the Court of First Instance, in order to provide practitioners with a simplified guide.

Journal Article.  7851 words. 

Subjects: Arbitration ; Intellectual Property Law

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