ARTICLE · 09 JULY 2009

IP Snapshot - July 2009

CMS Cameron McKenna Nabarro Olswang

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In invalidity proceedings a request to prove use was properly made by the registered trade mark owner in the course of making observations to OHIM, to which the applicant for invalidity responded with evidence of use.

United KingdomIntellectual Property

Isabel Davies

Tom Scourfield

Bringing you monthly news of key developments in intellectual property law.

TRADE MARKS

Harwin International LLC -v- OHIM, Case T-450/07, 12 June 2009

In invalidity proceedings a request to prove use was properly made by the registered trade mark owner in the course of making observations to OHIM, to which the applicant for invalidity responded with evidence of use. It was wrong for the Board of Appeal to find that an express request to prove use had not been made by the trade mark owner.

For the full text of this decision, please click here.

Victor Guedes - Industria e Comercio SA -v- OHIM, CFI, Case T-151/08, 11 June 2009

The CFI upheld the Board of Appeal's decision that there was no likelihood of confusion between a device mark incorporating the word "gallecs" and earlier device marks incorporating the word "gallo", for various food products.

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