A prickly case – ECJ upholds opposition against CACTUS mark

European Union

The EU Intellectual Property Office has appealed a decision concerning two opposing marks containing the word 'cactus', based on a likelihood of confusion. The European Court of Justice considered whether a previous case regarding specificity of goods and services covered by trademark applications applied retrospectively, and whether use of the device aspect of an earlier mark alone could constitute genuine use of the earlier mark and thus fall within the regulation.

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