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Thursday, 13 November 2003

ADVOCATE GENERAL'S DECISION IN BJÖRNEKULLA - BUT NO ENGLISH YET

Advocate General Léger has delivered his opinion in Björnekulla Fruktindustrier v Procordia Food on the interpretation of Article 12(2)(a) of Directive 89/104 (the Trade Mark Directive). In order to determine when a mark is liable for revocation because it has become a common name in the trade for a product or service for which it is registered, we must look, in a global manner from the point of view of consumers and end-users of the types of goods or services concerned AND from the point of view of traders who commercialise that category of goods or services. The IPKat can't tell you any more because this is yet another case where the English translation is as yet unavailable. The IPKat is grateful though to Daphne Zografos of Queen Mary IPRI for translating the Advocate General's conclusions.




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