tag:blogger.com,1999:blog-5574479.post539786728671164438..comments2024-03-29T06:00:27.896+00:00Comments on The IPKat: ECJ takes delivery of DHL referenceVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5574479.post-69690251723489796332009-09-02T08:41:23.311+01:002009-09-02T08:41:23.311+01:00The ECJ might issue a short ruling (albeit longer ...The ECJ might issue a short ruling (albeit longer then "no") by answering the first two questions with a reference to Art. 94 (98 new regulation) CTMR - the territorial effect depends on the basis upon which the CTM-court assumes its competence. <br /><br />It would be more interesting to obtain an answer to the question whether the claimant must expressively claim Community wide effect and whether he is allowed to define the scope of the decision if the CTM-court has Community wide competence pursuant to Art. 94 (1)/98 (1) CTMR. <br /><br />The answers to questions 3&4 could be more interesting although (according to Art. 98 (2)/102 (2) CTMR) don't they depend on the private international law of the respective Member State in the first place ?Maltenoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-14232895469084985672009-09-02T08:09:28.655+01:002009-09-02T08:09:28.655+01:00Thanks, Mike -- it was later than you realised sin...Thanks, Mike -- it was later than you realised since I'm in a different time zone, two hours ahead. I'll amend the post accordingly.Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-11714898625111257362009-09-01T22:59:01.486+01:002009-09-01T22:59:01.486+01:00Jeremy, I know it's late and all, but the cour...Jeremy, I know it's late and all, but the court is definitely mentioned in Question 1:<br /><br />1. Must Article 98 of Council Regulation ... 40/94 of 20 December 1993 on the Community trade mark be interpreted as meaning that the prohibition issued by a Community trade mark <b>court</b> has effect as a matter of law throughout the entire area of the Community?Mike Dowlerhttps://www.blogger.com/profile/09337895548594974706noreply@blogger.com