{"id":6068,"date":"2024-05-27T12:05:12","date_gmt":"2024-05-27T10:05:12","guid":{"rendered":"https:\/\/paragrafadvokaterne.dk\/?p=6068"},"modified":"2024-05-27T12:08:25","modified_gmt":"2024-05-27T10:08:25","slug":"varemaerkesager-for-eu-domstolen","status":"publish","type":"post","link":"https:\/\/paragrafadvokaterne.dk\/en\/artikler\/varemaerkesager-for-eu-domstolen\/","title":{"rendered":"Trademark cases before the Court of Justice of the European Union"},"content":{"rendered":"

Bringing cases before the Court of Justice of the European Union<\/strong><\/p>\n\n\n\n

Attorney (H) S\u00f8ren Vasegaard Andreasen has recently concluded an opposition case against an EU trademark. The case was brought before the Court of Justice of the European Union in Luxembourg against the European Patent and Trademark Office (EUIPO).<\/p>\n\n\n\n

The case concerned an American company that wanted to register its trademark in the EU, within a number of trademark classes. The company already had a number of trademarks both in the EU, but also in many other countries around the world. However, difficulties arose because the trademark in its name could be reminiscent of an already existing trademark belonging to a Canadian company. However, the two trademarks existed side by side in several other countries, also within the same classes.<\/p>\n\n\n\n

The EUIPO had refused the registration in the EU when the existing trademark owner objected. The case was taken through the administrative system before the client wanted to bring it before the Court of Justice of the EU.<\/p>\n\n\n\n

For the CJEU, the case primarily concerned whether the two marks were likely to be confused. This required an in-depth examination of a number of criteria, such as<\/p>\n\n\n\n