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Updates and analysis
Portugal - The Court of Appeal of Lisbon has upheld a decision of the Commercial Court of Lisbon in which the latter had found that the owner of the trademark SAIMA had successfully demonstrated that it had made genuine use of its mark during a period of five consecutive years. The application for the revocation of the mark was thus rejected. Full text
Absolute grounds for refusal: key trademark decisions from the European courts - The year 2008 was prolific in terms of trademark decisions, particularly regarding absolute grounds for refusal. This chapter looks at the most significant cases. Full text
Romania - The EU courts have wrestled with the likelihood of confusion test for pharmaceutical marks over the years, often coming to seemingly conflicting conclusions. The Romanian courts, on the other hand, have preferred to keep things simple and have taken a more consistent line. Full text
Trademark practitioners should pay close attention to a recent WIPO decision which could set a precedent on the ‘identical or confusingly similar’ element in domain name disputes Full text