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Journal of Intellectual Property Law & Practice Advance Access published online on March 13, 2006
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpl030
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© The Author (2006). Published by Oxford University Press. All rights reserved.

Current Intelligence

Advocate General's opinion regarding challenges to distinctiveness

Aaron Wood 1
1 Trade Mark Manager, Davenport Lyons


  Abstract

Formal invalidity or revocation proceedings must be brought in order for the distinctiveness of a mark to be challenged; challenges to distinctiveness must not derive from the defendant's use of an infringing mark.


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