Journal Article

Significant 2007 case law on the Community trade mark from the ECJ and the CFI

Arnaud Folliard-Monguiral and David Rogers

in Journal of Intellectual Property Law & Practice

Volume 3, issue 5, pages 291-304
Published in print May 2008 | ISSN: 1747-1532
Published online March 2008 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpn040
Significant 2007 case law on the Community trade mark from the ECJ and the CFI

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Legal context

This article looks at the important decisions of 2007 on the Community trade mark made by the Luxembourg courts.

Key points

The cases discussed concern the application of Council Regulation (EC) No. 40/94 of 20 December 1993 on the Community trade mark (the ‘CTMR’), Commission Regulation (EC) No. 2868/95 of 13 December 1995 implementing the CTMR (the ‘CTMIR’), and the Council Directive 89/104/EEC of 21 December 1988 (‘Directive 89/104’).

Practical significance

The purpose of this article is to give a quick overview of the most significant trade mark cases decided in 2007 by the Luxembourg courts. The article has a practical bias and is aimed at readers who wish to find quickly the key decisions of 2007.

Keywords: The volume of case law relating to Community trade marks, not to mention the variety of official languages in which the law is interpreted, makes it almost impossible for even the conscientious practitioner to keep abreast with developments as they occur.; The Court of Justice (ECJ) and the Court of First Instance (CFI) deserve credit for their efforts to consolidate an already considerable case law and to improve the predictability of judgments.; While case law concerning absolute grounds for refusal has apparently reached a certain state of maturity, the uncertainty opened last year by the ECJ in Opel Blitz and Céline is larger than ever where it was least expected, that is, in cases in which both the signs and the goods or services are identical.

Journal Article.  11631 words. 

Subjects: Arbitration ; Intellectual Property Law

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