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Court of Justice rules on interpretation of Article 14 of Trade Mark Directive (Peek & Cloppenburg Hamburg v Peek & Cloppenburg Dϋsseldorf)

Published on: 19 April 2018
Published by: LexisPSL
  • Court of Justice rules on interpretation of Article 14 of Trade Mark Directive (Peek & Cloppenburg Hamburg v Peek & Cloppenburg Dϋsseldorf)
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

IP analysis: The Court of Justice has ruled upon the interpretation of Directive 2008/95/EC (the Trade Mark Directive) in a question regarding the relevant date for considering whether invalidity or revocation conditions have been met in the context of a national trade mark for which seniority is claimed in relation to an EU trade mark. The court held that national legislation which provides that invalidity or revocation can only be established where the conditions are met on both the date of lapse or surrender of the earlier mark, and at the time the court makes its decision, is incompatible with the Trade Mark Directive. or take a trial to read the full analysis.

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