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Jun 26, 2012
Jean-Philippe Bresson, Inlex IP Expertise, France
Franck Soutoul, Inlex IP Expertise, France

ECJ rules on earlier rights based on day and hour


Jean-Philippe Bresson, Inlex IP Expertise, France, Franck Soutoul, Inlex IP Expertise, FranceOn March 22, 2012, in Case C-190/10, the ECJ upheld that the date of filing of a Community trademark application (CTM) only implies the day of filing but not the hour and minutes relating thereto. For the ECJ, the European Union law precludes the hour and minutes of filing of a CTM from being taken into account also under national law when assessing whether that CTM has priority over a national trademark even if the national law governing that national trademark considers the hours and minutes to be relevant in that regards.

On December 12, 2003, at 11:52 am, Génésis electronically filed one CTM application for RIZO in classes 16, 28, 35 and 36 and, on the same day, at 12:13 pm, a CTM application for RIZO, EL ERIZO in classes 16, 35 and 36. The same day, at 5:45 pm, Pool Angel Tomas SL filed a national trademark application for RIZO’S in class 28 at the Spanish Trademark Office.  read more