Trade mark coexistence is a situation in which two different parties use a similar or identical trade mark to identify similar or identical products or services. It is covered by a specific regulation, Art. 9 Trade Mark Directive, as well as by the Court of Justice case-law, which contains the principle of preclusion due to coexistence. This article examines the circumstances required for applying these rules and the relations between them.
Defences to the Invalidation and Infringement of Trade Marks: From Preclusion Due to Acquiescence to Preclusion Due to Coexistence
Roberto Pennisi
2021-01-01
Abstract
Trade mark coexistence is a situation in which two different parties use a similar or identical trade mark to identify similar or identical products or services. It is covered by a specific regulation, Art. 9 Trade Mark Directive, as well as by the Court of Justice case-law, which contains the principle of preclusion due to coexistence. This article examines the circumstances required for applying these rules and the relations between them.File in questo prodotto:
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