EUIPO Board of Appeal should carry out own independent assessment, holds General Court

In 2003 publishing company Karl-May-Verlag GmbH registered the WINNETOU mark as an EU trademark. In a recent decision, the General Court held that the EU IP Office Board of Appeal should not have treated decisions on the registrability of the WINNETOU mark from the German national courts as binding in an EU trademark invalidity action, but rather should have made its own independent assessment of the mark.