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...

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.