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Nov 22, 2017
Gillian Dennis, Squire Patton Boggs (UK) LLP, United Kingdom
First published on Squire Patton Bogg’s Global IP and Technology Law Blog (www.iptechblog.com)

Scope of protection of existing trade marks unaffected ...


Gillian Dennis, Squire Patton Boggs (UK) LLP, United Kingdom, First published on Squire Patton Bogg’s Global IP and Technology Law Blog (www.iptechblog.com)The European Court of Justice (CJEU) has confirmed that its 2012 landmark ruling in IP Translator does not have retrospective effect. The case concerned an application by Ms Isabel Del Rio Rodríguez to register “CACTUS OF PEACE” and “CACTUS DE LA PAZ” as EU trade marks. Cactus SA opposed the application based on its earlier EU trade mark registrations for the word mark “CACTUS” (registered in 2002) and a figurative mark also incorporating the word “CACTUS” (registered in 2001). The opposition would only succeed if  read more