ECJ decision in the CÉLINE case: Another frustrating non-judgment
am 11.09.2007 von http://servicemarks.blogspot.com/Again, the ECJ fails to give trademark owners clear guidance in relation to the scope of their markThe ECJ has handed down its long-awaited judgment in the CELINE matter, a referral case from the Cour dAppel de Nancy (France). It deals with the question whether the unauthorized use of a mark to designate a shop or company, without however using the mark for any goods or services offered, is to be regarded as use of the sign as a trademark against which the proprietor of the mark may take legal action, and whether the proprietor may be barred by Art. 6 (1) (a) of the Directive (and the respective national provisions), according to which the proprietor of a trademark shall not be entitled to prohibit a third party from using, in the course of trade, his own name or address.The claimant, Céline SA, is a company incorporated under that name since 1928. Its principal activity is the creation and marketing of articles of clothing and fashion accessories. It is the proprietor of a word mark CÉLINE, applied for on 19 April 1948 and registered, inter alia, for clothes and shoes, which remains in full force.The defendant, Celine SARL, claims that its predecessor-in-title was registered on 25 September 1950 in the Commercial and Companies Register in Nancy in relation to the operation of a menswear and womenswear business, trading as ‘Céline’. The company itself was registered on the companies register in 1992 in order to operate a business trading in ready-to-wear …
HABM: Statistik September 2007
MarkenBlog / Community Trade Mark applications received 6768 Community Trade Mark applications published 6905 Community Trade Marks registered (certificates issued) 5029 Community Trade Mark renewal applications 999 Registered Community Designs recei…
HABM: Statistik Mai 2007
MarkenBlog / Community trade mark applications received 7,366 Community trade mark applications published 6,429 Community trade marks registered (certificates issued) 5,730 Community trade mark renewal applications 1,368 Quelle: Alicante News…
HABM: Statistik Juli 2007
MarkenBlog / Community trade mark applications received 7,768 Community trade mark applications published 9,859 Community trade marks registered (certificates issued) 6,425 Community trade mark renewal applications 1,117 Quelle: Alicante News…
HABM: Statistik August 2007
MarkenBlog / Community trade mark applications received 7,310 Community trade mark applications published 7,754 Community trade marks registered (certificates issued) 6,331 Community trade mark renewal applications 911 Quelle: Alicante News…
HABM: Statistik Oktober 2007
MarkenBlog / Community trade mark applications received 8.403 Community trade mark applications published 10.360 Community trade marks registered (certificates issued) 6.836 Community trade mark renewal applications 1.243 Quelle: Alicante News…
HABM: Statistik November 2007
MarkenBlog / Community trade mark applications received 7.555 Community trade mark applications published 6.737 Community trade marks registered (certificates issued) 5.573 Community trade mark renewal applications 1.115 Quelle: Alicante News…
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