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Journal of Intellectual Property Law & Practice 2006 1(5):305; doi:10.1093/jiplp/jpl028
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© The Authors (2006). Published by Oxford University Press. All rights reserved

Current Intelligence

Demonstrating ‘use’ of an earlier registered mark in CTM opposition proceedings

Jeremy Phillips
Editor, JIPLP

An earlier registered trade mark may serve to oppose a later application to register a Community trade mark, notwithstanding that the earlier mark is not used in the form in which it is registered, so long as the actual use had not destroyed the distinctive character of the earlier mark.


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