Journal Article

Significant 2009 case law on the Community Trade Mark from the Court of Justice of the European Union and the General Court

Arnaud Folliard-Monguiral and David Rogers

in Journal of Intellectual Property Law & Practice

Volume 5, issue 5, pages 306-326
Published in print May 2010 | ISSN: 1747-1532
Published online May 2010 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpq020
Significant 2009 case law on the Community Trade Mark from the Court of Justice of the European Union and the General Court

More Like This

Show all results sharing these subjects:

  • Arbitration
  • Intellectual Property Law

GO

Show Summary Details

Preview

Legal context

This article provides a quick overview of the most significant trade mark cases decided in 2009 by the Luxembourg courts, namely the Court of Justice of the European Union (CJ, the former ECJ) and the General Court (GC, the former CFI) after the entry into force of the Treaty of Lisbon on 1 December 2009. The article has a practical bias, being aimed at readers who wish rapidly to find the key decisions of 2009.

Key points

The cases discussed concern the application of Council Regulation 207/2009 of 26 February 2009 on the Community trade mark (which replaced Regulation 40/94 of 20 December 1993) ( ‘CTMR’), Commission Regulation 2868/95 implementing the CTMR (hereafter the ‘CTMIR’), and Directive 2008/95 of 22 October 2008 to approximate the laws of the Member States relating to trade marks (which replaced Directive 89/104, ‘the Trade Mark Directive’). Note that the numbering of the CTMR has changed and that reference is made in this article to the new numbering.

Practical significance

The purpose of this article is to give a quick overview of the most significant trade mark cases decided in 2009 by the Luxembourg courts. The article has a practical bias and is aimed at readers who wish to rapidly find the key decisions of 2009.

Journal Article.  16998 words. 

Subjects: Arbitration ; Intellectual Property Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.