IP case law Court of Justice

Conflict with unregistered trademark

Upon opposition by the proprietor of a non-registered trade mark or of another sign used in the course of trade of more than mere local significance, the trade mark applied for shall not be registered where and to the extent that, pursuant to the Community legislation or the law of the Member State governing that sign:
(a) rights to that sign were acquired prior to the date of application for registration of the Community trade mark, or the date of the priority claimed for the application for registration of the Community trade mark;
(b) that sign confers on its proprietor the right to prohibit the use of a subsequent trade mark
(Art. 8(4) CTM Regulation, see also Art. 4(4)(b) Directive 2008/95)

7 appeals

Judgment of 19 Apr 2018, C-75/17 (Fiesta Hotels & Resorts v EUIPO)


Judgment of 19 Apr 2018, C-478/16 (EUIPO v Group OOD)


Order of 13 Dec 2017, C-468/17 (Morton s of Chicago v EUIPO)


Judgment of 14 Sep 2017, C-56/16 (OHIM v Instituto dos Vinhos do Douro e do Porto)


Judgment of 5 Apr 2017, C-598/14 (Szajner)


Order of 29 Nov 2011, C-76/11 (Tresplain Investments)


Judgment of 29 Mar 2011, C-96/09 (Anheuser-Busch - BUD)



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