Editor's note: 2011 years 1 month 24 day, defendant Salvador Benjumea Bravo de Laguna Propose an EU graphic trademark "SHOWER GREEN" Apply for, concurrence 2011 years 8 month 29 The day was registered as an EU trademark by the EU Intellectual Property Office. plaintiff Esteban Torras Ferrazzuolo) basis "Eu trade mark regulation (The first 207/2009 No) " The first 18 Strip and "Spanish trademark law (17/2001) " The first 2. 2 article, The case was filed with the First Commercial Court in Alicante, Claim ownership of the disputed trademark. Read on for more details!

[background] 2011 years 1 month 24 day, Salvador Benjumea Bravo de Laguna (Hereinafter referred to as "defendant" ) Propose an EU graphic trademark "SHOWER GREEN" (No. 009679093) Apply for, concurrence 2011 years 8 month 29 By the European Union Intellectual Property Office (EUIPO, It was still "OHIM" ) Registered as an EU trademark. Esteban Torras Ferrazzuolo (Hereinafter referred to as "plaintiff" ) basis "Eu trade mark regulation (The first 207/2009 No) " The first 18 article (unauthorized, An agent or representative shall register the trademark of the principal or the represented as a Community trademark in his own name, The principal or the represented shall have the right to claim ownership of the registered trademark, Except when the agent or representative has valid reasons) and "Spanish trademark law (17/2001) " The first 2. 2 article (Registration of a trademark by a third party through fraud or violation of legal or contractual obligations, Prior to the registration of the trademark application, The registered trademark shall be subject to the provisions of this Law within five years from the date of the registration announcement or from the date of the registration announcement 39 Strip the way from the date of actual use, The infringed party shall have the right to Sue the court for the ownership of the registered trademark) , The case was filed with the First Commercial Court in Alicante, Claim ownership of the disputed trademark. The court of first instance rejected the plaintiff's claim, It holds that the EU trademark ownership dispute involved in this case cannot be applied "Spanish trademark law (17/2001) " , Can only apply "Eu trade mark regulation (The first 207/2009 No) " . but, Whereas the applicant for the trademark in dispute is not the plaintiff's agent or representative, The Court therefore finds that this case does not fall under No 18 The circumstances specified in this article. The case was then appealed to the EU Trademark Court. The appellate court ruled in favor of the plaintiff's claim, Holds that Spanish law is applicable in this case, The plaintiff is the owner of the disputed trademark. Consistent with the findings of the previous case, The court of appeal held that, "Eu trade mark regulation (The first 207/2009 No) " The first 16 Article defines the circumstances in which the law of a member State may be applied, A dispute over an EU registered trademark where the domicile of the obligee is in Spain may apply "Spanish trademark law (17/2001) " The first 2. 2 Provision of article. The appellate court found that the application of the first instance defendant violated the legal rights of the plaintiff. After Spain's Supreme Court heard the case, Argued that the case involved the interpretation of relevant EU law, So the European Court of Justice (Court of Justice) Make a preliminary determination.

[conclusion] The European Court of Justice first noted, "Eu trade mark regulation (The first 207/2009 No) " The first 16 Article provision, Eu trademark rights as property rights, The trademark right shall be regarded as registered in the State of the member State where the owner has his residence or place of business, It is regulated by the national law of the member state, It applies throughout the European Union. The ordinance 18 Article provision, unauthorized, An agent or representative shall register the trademark of the principal or the represented in his own name, The principal or the represented shall have the right to request the court to restore its ownership of the trademark. Therefore, The reinstatement of ownership of a trademark under this section of the Act, Belong to "Eu trade mark regulation (The first 207/2009 No) " Scope of application. Other circumstances other than those described above, The law providing for the circumstances shall apply. In accordance with "Eu trade mark regulation (The first 207/2009 No) " The first 16 Article provision, European court of justice ruling, Unbelonging to "Eu trade mark regulation (The first 207/2009 No) " The first 18 The situation specified in the article, Requesting the restoration of the ownership of the EU trademark, Shall be in accordance with 16 Provision of article, Applicable laws of the corresponding member States.

[comment] The European Court of Justice ruling affirmed the principle of the Court of Appeal in this case, confirm "Eu trade mark regulation (The first 207/2009 No) " In the absence of a specific provision, If the real trademark owner has his residence or place of business in the Member State where the national law stipulates that the ownership can be transferred, The bona fide right holder may request the application of the law of the Member State to reinstate its ownership of the disputed EU trademark. This means that, The law is due to third party fraud, To provide greater legal protection to the party who is aggrieved by acts of violation or breach of contract. At least under circumstances like this one, The obligee has the right to request application "Spanish trademark law (17/2001) " The first 2. 2 Provision of article. "Eu trade mark regulation (The first 207/2009 No) " be "Eu trade mark regulation (The first 2017/1001 No) " After substitution, Original ordinance 16 Articles and regulations 18 The contents of the provisions are set out separately in section 1 of the New Ordinance 19 Articles and regulations 21 article. Therefore, Be concerned with "Reinstatement of title" The extended protection provisions of the new regulations continue to apply.

compile: Liu Dan, The source of Aisabri Legal Counsel: Esabaril (ELZABURU)