Arnaud Folliard-Monguiral works in International Co-operation and Legal Affairs, OHIM, Alicante and David Rogers is a member of the Boards of Appeal, European Patent Office, Munich.
The purpose of this article is to give a quick overview of the most significant trade mark cases decided in 2011 by the Court of Justice of the European Union (ECJ) and the General Court (GC). The article has a practical bias and is aimed at readers who wish to rapidly find the key decisions of 2011.
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 (‘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.
The article has a practical bias and is aimed at readers who wish rapidly to find the key decisions of 2011.
Journal Article. 16749 words.
Subjects: Arbitration ; Intellectual Property Law
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