Opposition against later registered Community trademark possible without declaration of invalidity beforehand

Print this page 22-04-2013
IPPT20130221, CJEU, FCI v FCIPPR

TRADE MARK LAW

 

Opposition against a later registered Community trademark possible without the need for a declaration of invalidity beforehand.
 

"52. In the light of the foregoing, the answer to the question referred is that Article 9(1) of the Regulation must be interpreted as meaning that the exclusive right of the proprietor of a Community trade mark to prohibit all third parties from using, in the course of trade, signs identical with or similar to its trade mark extends to a third-party proprietor of a later registered Community trade mark, without the need for that latter mark to have been declared invalid beforehand."

 

 IPPT20130221, CJEU, FCI v FCIPPR

 

C-561/11 - ECLI:EU:C:2013:91