3 month 26 day, Court of Justice of the European Union ruling, Eu law does not prohibit the holder of a trademark who did not use the revoked trademark from claiming damages for infringement prior to the cancellation.
French spirits brand company Part des Anges Parent company of AR will "Saint-Germain" The use of the trademark for spirits has caused controversy.
AR company 2006 Registered in 2012 "Saint Germain" French trademark, Alcoholic beverages such as spirits and wine are covered.
2012 years, The company filed a lawsuit in a Paris district court against including Cooper International Spirits Among others 3 A liquor company sued, Charge with "Saint Germain" The trademark brand sells liqueur.
but, The first 2 years, Nanterre, France (Nanterre) The district court revoked it on the grounds that it was not used "Saint Germain" trademark, revocation 2011 years 5 Effective from month.
AR The company then appealed, but, The Court of Appeal of Versailles in 2014 The year maintained the revocation "Saint Germain" Adjudication of trade mark.
In court proceedings in Paris, AR The company maintains that it has the right to 2009 years 6 Lunar solstice 2011 years 5 Month to seek compensation for infringement of its trademark. This is the period during which the trademark is valid, And its proceedings should not be subject to time limits.
Both the Paris District Court and the Court of Appeal cited the fact that the trademark had not been used since the date of application, These claims were dismissed.
AR The company appealed again to the Supreme Court in Paris, Says that no intellectual property law in the European Union or France requires proof of trademark ownership "To benefit from trademark protection, Trademarks are used" . The Supreme Court referred the case to the European Court of Justice, Requests clarification on whether EU law prohibits the holder of a trademark revoked because of non-use from seeking compensation for infringements that occurred before the cancellation.
In the final ruling, The European Court of Justice concluded, According to EU trademark law, The issue is left to the discretion of individual member states. But according to French law, Such claims seem plausible.
In spite of this, Although EU law does not prohibit trademark holders from seeking compensation in such cases, But the EU court of Justice said, In determining whether damage has occurred and the amount payable, Use of trademark "Is still an important factor to consider" .
The case has now returned to the Court of Cassation in Paris for further proceedings.
(Compiled from www. worldipreview. com)
Reprinted from China Intellectual Property Network translation: Wang Dan proofread: Rason group
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