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Tactical trade marks and bad faith bunnies?
- Wragge & Co LLP
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- Austria, European Union, United Kingdom
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- August 27 2009
The European Court of Justice (ECJ) had provided guidance to the national Austrian court as to the factors to be considered when determining whether a registration applied for in the knowledge that other very similar marks were being used in the Community is to be considered as having been made in bad faith
The ECJ provides further re-packaging guidance in the Zovirax parallel imports case
- Wragge & Co LLP
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- Austria, European Union
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- February 18 2009
In The Wellcome Foundation Ltd v Paranova Pharmazeutika Handels GmbH, 22 December 2008 (C-27605) the European Court of Justice (ECJ) has confirmed that where the re-packaging of trademarked goods has been established to be necessary there is only one criterion to be fulfilled in respect of the nature of the re-packaging
Advocate General's opinion in Silberquelle v Maselli - can promotional use of a registered trade mark be "genuine use"?
- Wragge & Co LLP
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- Austria, European Union
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- November 25 2008
In Silberquelle v Maselli (C-49507) Advocate General Damaso Ruiz-Jarabo Colomer (AG) has provided useful guidance on what constitutes "genuine use" of a trade mark, particularly in relation to advertising and promotional use
Charitable trade mark use is it "genuine"?
- Wragge & Co LLP
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- Austria, European Union
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- October 1 2008
Registered trade marks which have not been used by their proprietor for a continuous period of five years are at risk of being revoked by third parties
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- Firm Name - Wragge & Co LLP
- Jurisdiction - Austria