Editor's note: 2017 years 11 month 23 day, Court of Justice of the European Union vs C-381/16 A decision was made in case No: Eu trademark owner whose domicile is in Spain, Can be based on "Spanish trademark law" The first 2 article 2 The clause requires the court to determine its ownership of the EU trademark. Read the details below!

2017 years 11 month 23 day, Court of Justice of the European Union vs C-381/16 A decision was made in case No: Eu trademark owner whose domicile is in Spain, Can be based on "Spanish trademark law" The first 2 article 2 The clause requires the court to determine its ownership of the EU trademark.

In judgment of the case, The Court of Justice of the European Union answered a question raised by the Spanish Supreme Court "Eu trade mark regulation (The first 207/2009 No) " (Hereinafter referred to as "Eu trade mark regulation" ) Application problem of. The lawsuit was filed at the Commercial Court in Alicante, Spain, It asked for a judgment against the EU trademark "SHOWER GREEN" (As shown in the picture below, Hereinafter referred to as "Trademark involved" ) Hold the title.

The plaintiffs make two points of law: "Eu trade mark regulation" The first 18 article——An agent or representative is not authorized by the principal or the representative, Eu trademark registered in its own name, The principal or the representative shall have the right to claim ownership of the trademark; and, "Spanish trademark law" The first 2 article 2 paragraph——Where the act of registering a trademark infringes on the rights and interests of a third party or violates the statutory or agreed obligations, The true owner has the right to claim ownership of the trademark.

The court of first instance rejected the plaintiff's claim, The reason is that: The trademark registration applicant involved is not the plaintiff's agent or representative, Therefore not applicable "Eu trade mark regulation" The first 18 Provision of article; simultaneously, "Spanish trademark law" The first 2 article 2 Subsection shall not apply in this case, Because the basis for the restoration of trademark ownership is not stipulated in "Eu trade mark regulation" In the. The court in the Spanish province of Alicante overturned the first verdict, Reiterating the legal principles articulated in its previous decisions in similar cases, Think that "Spanish trademark law" The first 2 article 2 In the case of a dispute over the ownership of a trademark in the EU where the domicile of the trademark owner is located in Spain. The basis of the above legal principle is "Eu trade mark regulation" The first 16 Provision of article. In accordance with this provision, The EU trademark involved in the case of ownership dispute shall be regarded as the national trademark of the country where the owner of the EU trademark resides or has his place of business. The Court of Appeal held that the rights of the plaintiff in the first instance had been infringed when the defendant applied for the EU trademark in question, Therefore, the plaintiff can restore the ownership of the trademark in question in accordance with Spanish law. The Spanish Supreme Court received the petition in this case, Decided to adjourn the case, To request the Court of Justice of the European Union to make a preliminary ruling on the applicable law in this case.

Court of Justice of the European Union 11 month 23 Make a ruling on the day, Fully agree with the court of Alicante vs "Eu trade mark regulation" The first 16 Articles and regulations 18 Interpretation of article. According to the European Court of Justice, unauthorized, The act of an agent or representative applying in his own name to register the trademark of the principal or the represented as an EU trademark, Explicitly belong to "Eu trade mark regulation" The first 18 The canonical content of the article. besides, Any act that leads to a dispute over the ownership of a trademark in the EU for other reasons, Should be based on "Eu trade mark regulation" The first 16 Provision of article, It shall be regulated by the national laws of the corresponding EU member States. Preliminary determination, At least it provides a possibility for trademark owners whose place of residence or business is located in Spain: In trademark ownership disputes, In order to avoid infringement of trademark ownership by third party fraudulent behavior to a greater extent, for "Eu trade mark regulation" Not explicitly regulated in "The cause of ownership may be restored" , referencable "Spanish trademark law" Corresponding provisions of, Request the court to reinstate the ownership of the corresponding trademark.

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