General Court's POLO decision highlights additional protection that marks derive from being well known
The decision of the General Court in Anabi Blanga v European Union Intellectual Property Office (EUIPO) (Case T-657/17), whilst not surprising in its result, emphasises the additional protection that a trademark derives from being well known - even where the strength of its reputation as such is not expressly set out as an element in the test that a court is to apply when it considers relative grounds of refusal based on the existence of an earlier mark - because such a reputation can overcome arguments based on the intrinsically weak distinctive character of the earlier mark.
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