European Union trade mark round-up 2017

Abstract

The authors

• Arnaud Folliard-Monguiral works in International Cooperation and Legal Affairs, EUIPO, Alicante, and David Rogers works in the Boards of Appeal, European Patent Office, Munich.

This article

• The purpose of this article is to provide a quick overview of the most significant European Union trade mark (‘EUTM’) cases decided in 2017 by the Court of Justice of the European Union (‘CJEU’) and the General Court. The article has a practical bias and is aimed at readers who wish rapidly to find the key decisions of 2017.

• The cases discussed concern the application of Council Regulation (EC) 207/2009 of 26 February 2009 on the Community trade mark (before amendment by Regulation (EU) 2015/2424 of 16 December 2015 and codification by Regulation (EU) 2017/1001 of 14 June 2015, ‘EUTMR’), Commission Regulation 2868/95 implementing Regulation (EC) 207/2009 (repealed by Commission Delegated Regulation (EU) 2017/1430 of 18 May 2017, ‘EUTMDR’), and Directive 2008/95/EC of 22 October 2008 to approximate the laws of the Member States relating to trade marks (‘the Trade Mark Directive’) (repealed by Directive (EU) 2015/2436 of 16 December 2015).

• Both the provisions in force on the date of adoption of the Boards of Appeal’s decisions and their corresponding provisions in Regulation (EU) 2017/1001, which have sometimes been changed substantially, will be referred to in this article.