IP case law Court of Justice

Appeal loged on 26 Nov 2020, C-639/20 (CEDC International v EUIPO)

EU trade mark – Opposition proceedings – Application for an EU three-dimensional mark – Shape of a blade of grass in a bottle – Earlier three-dimensional national mark – Genuine use of the earlier mark – Article 15(1) and Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 18(1) and Article 47(2) and (3) of Regulation (EU) 2017/1001) – Nature of use – Alteration of distinctive character – Use in conjunction with other marks – Scope of the protection – Requirement for clarity and precision – Requirement for the description and the representation to align with one another – Decision taken following annulment of an earlier decision by the General Court – Reference to the ground of an earlier annulled decision – Obligation to state reasons

Case details on the CJEU website (external link)

CFI decision T-796/16 on the CJEU website (external link)