The Court of Justice’s decision on the exclusive right of the owner of a Community trademark

In its judgment of 21 February 2013, in the proceedings FCI v. FCIPPR (C-561/11), the Court of Justice of the European Union (ECJ) has ruled on the interpretation to be given to the exclusive right of the owner of a Community trade mark, provided by Art. 9, par. 1 of Regulation (EC) no. 207/2009. The ECJ stated that the provision mentioned above must be interpreted as meaning that the exclusive right of the owner of a Community trade mark to prohibit all third parties from using, in the course of trade, signs identical with or similar to its brand extends to a third owner of a later registered Community trade mark, without requiring a prior declaration of invalidity of the trade mark of the third owner.


03/08/2013 | Trade Mark