In Hansruedi Raimund v Michaela Aigner (C-425/16, October 19 2017) the European Court of Justice (ECJ) issued a preliminary ruling concerning the interpretation of Article 99(1) of Council Regulation 207/2009 on an EU trademark. It stated that an infringement action brought before a national court may not be dismissed due to trademark invalidity based on absolute grounds without that court having upheld the invalidation counterclaim brought by the defendant in that infringement action and based on the same invalidity grounds. The ECJ further ruled that a national court may dismiss an infringement action based on trademark invalidity even if the decision on the invalidity counterclaim had not yet become final (res iudicata).

This legal update is part of World Trademark Review's premium intelligence and is only available to subscribers.

Register to access two of our subscriber only articles per month

Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts

Already registered? Log in

What our customers are saying

World Trademark Review is one of my favourite conference organisers. The topics and themes are always relevant, on point and designed to give me practical information about real-time industry issues. I look forward to all of the World Trademark Review events and highly recommend them to my industry colleagues.

Jennifer Chung
Assistant general counsel
Time Inc

Benefits

Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.

Why subscribe?

Share this article