Christian Steudtner

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  Certification marks are part of national trade mark law in a number of Member States and since the reform of European trade mark law, the EUTMR now covers them under articles 83 to 93. According to article 83 paragraph 1 EUTMR a certification mark is “capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of material, mode of manufacture of goods or performance of services, quality,…
Over the first half year, we have covered a number of high profile cases heard before the General Court (GC) and the European Court of Justice (CJEU). Here’s a quick roundup of the cases with a takeaway summary for each:   Preliminary ruling on designs which are solely dictated by technical functions “The court considered the appearance of a product to be the decisive factor for a design, despite the fact that it is not essential…
Background By judgment of 19 April 2018 (C‑478/16 P in French here and here), the CJEU rejected an appeal filed by the company Group OOD who had opposed an EUTM application for a figurative mark based on unregistered trade mark rights for bus transport services in Bulgaria, the Czech Republic, Hungary and Slovakia. The case raised the question of whether an opposition based on Art. 8 (4) EUTMR can only be substantiated by submitting…