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16th November 2020
Data, Tech & IP Justice & Litigation

Analysis: “Article 8(3) of Regulation (EC) No 207/2009 is applicable to identical or similar marks for identical or similar goods and services” by Alberto Torralba

On November 11, 2020, the Court of Justice of the European Union (CJEU) rendered its judgment in the case EUIPO v John Mills (C-809/18 P). This ruling establishes that Article 8(3) of Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (the ‘Trademark Regulation’ now Article 8(3) of Regulation (EU) 2017/1001 of 14 June 2017 on the European Union trade mark) allows the holder of an earlier trade mark to oppose the registration of a trade mark applied for its agent or representative not only when the marks at issue are identical, but also when the signs are similar and cover similar goods or services.

Background

Jerome Alexander Consulting Corp. is the owner of the American word mark ‘MAGIC MINERALS BY

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