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Posts tagged as “Trademark”

Allocation of Jurisdiction for Online Infringement of European Union Trademarks

by Frank Tyra The Court of Justice of the European Union (CJEU), in its judgment of 5 September 2019 in Case C-172/18 (see here), clarified that the EU legislators created an alternative place of jurisdiction. This allows the proprietors of European Union trademarks (EUTMs) to file an infringement action either with the EUTM Court (national courts that have been designated by the respective Member State to deal with disputes related to EUTMs) with jurisdiction for the place of domicile and/or establishment of the infringer or with the court of the (sovereign) territory in which the act of infringement has been…

Use of a figurative trademark

by Gert Würtenberger  According to the observations of the author of this contribution, cancellation proceedings in relation to Union trademarks having been registered for more than 5 years are steadily increasing. This is not astonishing bearing in mind that the Union trademark system exists now for more than 20 years. A Union trademark registration is subject to the owners’ use after a period of 5 years following its registration unless proper reasons for non-use exist. Otherwise, a trademark cannot be enforced. Moreover, it is subject to cancellation request to be filed by third parties because of non-use. The use must…

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