CJEU: The jurisdiction of EU trademark courts regarding invalidity counterclaim is not limited to the scope of the infringement proceedings
29-12-2023 Print this pageIPPT20230608, CJEU, LM v KP
The jurisdiction of an EU trademark court regarding a counterclaim for invalidity on the basis of article 124(d) EUTMR is not limited to the scope of the infringement proceedings.
As part of the principle of the unity of the Union trade mark, the EU legislator intended to give the EU trade mark courts - like the EUIPO - the competence to review the validity of EU trade marks as part of their decisions on counterclaims.
