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Decision ECJ Community Trademark

  • NautaDutilh
  • -
  • Austria, European Union
  • -
  • October 12 2009

In a case between the Austrian companies Pago International GmbH and Tirolmilch registrierte Genossenschaft mbH, the ECJ recently held that Austria may, under the circumstances of that case, be regarded as a "substantial part" of the European Community for the purposes of establishing whether the CTM in question has a "reputation in the Community" within the meaning of Article 9(1)(c) of the Community Trademark Regulation ("CTM Regulation"