Skip Navigation

Journal of Intellectual Property Law & Practice 2006 1(5):315-331; doi:10.1093/jiplp/jpl020
This Article
Right arrow Full Text
Right arrow Full Text (PDF)
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Alert me to new issues of the journal
Right arrow Add to My Personal Archive
Right arrow Download to citation manager
Right arrowRequest Permissions
Google Scholar
Right arrow Articles by Folliard-Monguiral, A.
Right arrow Articles by Rogers, D.
Right arrow Search for Related Content
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

© The Authors (2006). Published by Oxford University Press. All rights reserved

State of the Art

Significant 2005 case law on the Community trade mark from the Court of First Instance, the European Court of Justice and OHIM

Arnaud Folliard-Monguiral and David Rogers*
*By Arnaud Folliard-Monguiral, Industrial Property Litigation Unit, OHIM, Alicante and David Rogers, Boards of Appeal, European Patent Office Munich

Legal context. Each year the ECJ and CFI gives numerous judgments in trade mark matters that are of interest to trade mark practitioners throughout Europe. This article identifies the most important cases decided in 2005 relating to the major issues in trade mark law.

Key points. Issues covered relating to procedural questions include the language regime, the duty of Boards of Appeal to give reasons for their decisions, the right of a party to be heard, etc. Numerous substantive issues are covered, relating to both absolute and relative grounds. The article also contains some helpful annexes that set out some actual comparisons of signs and of goods & services that have been carried out by the Luxembourg courts.

This article has no official character; the views expressed are the personal views of the authors.


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer: Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.