The Liberalization of the Court of First Instance of the EC - Recent Decisions Show a Possibly More Lenient Approach to Trade Mark Responsibility.

Mondaq Business BriefingNbr. 2002, June 2002

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The Liberalization of the Court of First Instance of the EC - Recent Decisions Show a Possibly More Lenient Approach to Trade Mark Responsibility.

In February of this year, the Court of First Instance of the European Communities ("CFI") implemented various amendments to its rules of procedure with a view to expedite the proceedings. One of the main reasons for introducing this "fast track" procedure are the substantial amount of proceedings currently pending before the CFI and the European Court of Justice ("ECJ") whose subject matters are decisions from the Board of Appeal of the Office for Harmonization in the Internal Market (trademarks and designs) ("OHIM") in Alicante to which an appeal has been filed. In total, 30 decisions have been issued by the CFI to date relating to trademark matters; more than 50 trademark cases are still pending. Most of the cases deal with refusals of trademark applications on absolute grounds. However, there...

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