Infringement of a Union trademark – Where to sue?

|Gert Würtenberger| According to Article 97 V of the European Union (EU) Trademark Regulation 2017/1001, proceedings in respect of actions and claims connected with infringements of Union trademarks may also be brought before the courts of the Member State in which the act of infringement has been committed or threatened. Exempted from that possibility are […]

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Genuine Use of a Registered Trademark – Decision of the Second Board of Appeal of 23 October 2019 in Case R 767/2019-2

|Gert Würtenberger| A Union trademark that has been registered for more than five years is subject to the user requirement in order to safeguard its enforceability in opposition and/or infringement proceedings (as regards proof of use in opposition proceedings, see Article 47(2) EUTMR). Whether genuine use has occurred is, according to established case law, to […]

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