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Journal of Intellectual Property Law & Practice, Volume 13, Issue 12, 1 December 2018, Pages 925–927, https://doi.org/10.1093/jiplp/jpy152
Published: 13 November 2018
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All Journal of Intellectual Property Law & Practice ABSTRACT
Court of Justice of the European Union (CJEU), Judgment in Mitsubishi v Duma, C-129/17, EU: C: 2018: 594, 25 July 2018
Contrary to the Advocate General’s Opinion, the CJEU decided that removal of a trade mark amounts to trade mark infringement.
In the European Union (EU) the proprietor of an EU trade mark (EUTM) has the exclusive right to prohibit third parties from using a sign that is identical or similar to the trade mark for identical or similar goods for which the trade mark is registered. Hence, ‘use’ of a sign is an essential element in EU trade mark law. EU legislature has provided a non-exhaustive list of acts that are considered use of a trade…
https://academic.oup.com/jiplp/article-abstract/13/12/925/5181181?redirectedFrom=fulltext
