By Trevor Little
May 03 2012
WTR Premium Updates, available to subscribers, provide daily case law bulletins from across the globe. Leading the list of most-read updates in April was the decision showing that the 'bad faith' analysis under Article 52(1)(b) of the Community Trademark Regulation (40/94) (now the Community Trademark Regulation (207/2009)) is subjective and that tribunals can reach different conclusions based on the same facts.
Close behind was analysis of Génesis Seguros Generales Sociedad Anónima de Seguros y Reaseguros (Génesis) v Boys Toys SA (Case C-190/10), in which the Court of Justice of the European Union (ECJ) held that the hour and minute of filing of a Community trademark (CTM) application are irrelevant for the purpose of establishing the CTM’s priority over a national trademark filed on the same day, but a few hours later.
Elsewhere, analysis of the latest judicial opinion from China’s Supreme Court, advice on descriptive use and guidance on trademark use proved popular with WTR’s subscribers.
The top 10 legal updates in April were:
1. General Court snubs Board of Appeal in rare bad-faith case – April 3
2. ECJ confirms that hour and minute are irrelevant to determine priority – April 5
3. Supreme Court clarifies trademark issues in new guidelines – April 17
4. BEATLE for wheelchairs would take unfair advantage of BEATLES – April 19
5. Court considers distinction between use of a sign "as a trademark" and descriptive use - April 16
6. Well-timed letter to registrar may be first step in preventing another party’s registration – April 20
7. Suzuki’s GTi application drives through Volkswagen’s opposition – April 4
8. Mark owners should use their marks as registered, or face losing them – April 25
9. Computer programming relates to all areas of life and business activity – April 18
10. 'Beb' element not weakly distinctive for baby food – April 24
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