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DeutschTAKING LEGAL ACTION FOR INFRINGEMENT OF A COMMUNITY TRADE MARK ALTHOUGH A LICENCEE IS NOT ENTERED IN THE REGISTER
In its Judgement of 4 February 2016, the Court of Justice resolved the following preliminary ruling question: Does the first sentence of Article 23.1 of the (EC) Council Regulation 207/2009, of 26 February 2009, referring to a Community trade mark, “Legal acts referred to in Articles 17, 19 and 22 concerning a Community trade mark shall have effects vis-à-vis third parties in all the Member States only after entry in the Register” preclude a licensee who is not entered in the Register from…
COMMUNITY TRADE MARK. Zitro IP Sàrl (Triple Bonus).
Judgement of the General Court, 14 January 2016. Case: T-318/15 Zitro IP Sàrl vs OHIM. Descriptive character. Article 71)(c), and 2, of Regulation (EC) Nº 207/2009: “the registration of trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service will be refused…