Journal Article

Significant 2005 case law on the Community trade mark from the Court of First Instance, the European Court of Justice and OHIM

Arnaud Folliard-Monguiral and David Rogers

in Journal of Intellectual Property Law & Practice

Volume 1, issue 5, pages 315-331
Published in print April 2006 | ISSN: 1747-1532
Published online April 2006 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpl020
Significant 2005 case law on the Community trade mark from the Court of First Instance, the European Court of Justice and OHIM

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Legal context. Each year the ECJ and CFI gives numerous judgments in trade mark matters that are of interest to trade mark practitioners throughout Europe. This article identifies the most important cases decided in 2005 relating to the major issues in trade mark law.

Key points. Issues covered relating to procedural questions include the language regime, the duty of Boards of Appeal to give reasons for their decisions, the right of a party to be heard, etc. Numerous substantive issues are covered, relating to both absolute and relative grounds. The article also contains some helpful annexes that set out some actual comparisons of signs and of goods & services that have been carried out by the Luxembourg courts.

Journal Article.  10135 words.  Illustrated.

Subjects: Arbitration ; Intellectual Property Law

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