1. Does the first sentence of Article 23(1) of Council Regulation 207/2009 on the Community trade mark preclude a licensee who is not entered in the Register of Community trade marks from invoking claims for infringement of a Community trade mark? [Referring to the provisions of the Regulation that permit transfer, securitisation and licensing, the first sentence of Article 23(1) states that "... such an act, before it is so entered [in the Register of Community trade marks], shall have effect vis-à-vis third parties who have acquired rights in the trade mark after the date of that act but who knew of the act at the date on which the rights were acquired"].As usual, the UK Intellectual Property Office would love to hear from you if you have any wise words that would help it decide whether the UK should participate in these proceedings. Just email email@example.com by 26 May 2015 and tell them what you think.
2. In the event that the first question is answered in the affirmative: Does the first sentence of Article 23(1) of Council Regulation 207/2009 preclude a national legal practice in accordance with which the licensee can enforce the trade mark proprietor’s rights against the infringer by virtue of the power conferred on it for that purpose (Prozessstandschaft)?
Merpel would love to know about the factual background to this reference. Can some kind person please fill her in on the juicy details?