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23 June 2010

Impact of EU enlargement on trademark protection

The accession of certain West Balkan states to the European Union is expected to take place within the next few years. The enlargement of the European Union will raise problems in connection with Community trademarks - such registrations will automatically become effective in the new member states, but conflicts with existing marks may occur.

19 May 2010

Italian opposition proceedings: from utopia to reality

Regulation 33/2010 has come into force, providing implementing regulations for opposition proceedings as set forth in the Code of Industrial Property. However, in practice, the procedure cannot yet be used and is unlikely to be available during 2010 for a variety of reasons.

10 March 2010

Board rules on confusingly similar device marks based on copyright protection

The Office for Harmonisation in the Internal Market Board of Appeal has upheld a claim by Gucci regarding its G logos and has revoked a Community trademark registration for the device mark G GLITZY. This case is significant because the board recognised the existence of an earlier right according to the national law of only one EU member state.

17 February 2010

Import of products from another EU country insufficient to exhaust trademark rights

The Tribunal of Turin has held that the import of products from another EU member state is not sufficient to exhaust trademark rights. It found that Young Importers had unlawfully sold decoded products without knowing the exact origin of those products, thus committing trademark infringement as it could not prove that the rights were exhausted.