The General Court of the European Union denied a binding effect
of national judgments for the European Union Trade Mark. The
General Court upholds publisher Karl-May's action against the
EU Trademark Office's decision to annul the Community trade
mark WINNETOU
The EUIPO should not have granted the application for a
declaration of invalidity brought by Constantin Film without
assessing, independently, whether the sign Winnetou was descriptive
for the goods and services at issue
The German publishing house Karl-May is the proprietor of the
Community word mark WINNETOU, inter alia for films, printed matter,
jewellery, perfumes, cosmetic articles, goods made of leather,
household articles, clothing, games, foodstuffs, events and holiday
camp services and for the transport of persons, accommodation and
catering for guests.
