Case "Kornspitz" - EU Court of Justice specifying the conditions of the invalidity of trade marks in the case alternative designation of the products
2014
Abstract
his article analyzes the Court's decision in the EU for a preliminary ruling in Case clarify the interpretation of Article. 12 paragraph. 2 point. a) Directive 2008/95 / EC on trade marks, as regards the conditions for revocation on the grounds that it has become the common name in the trade. CJEU in that decision dealt with three issues, namely, by the relevant public as it should be taken into account in determining whether a trademark owner perceived as an indication customary for a product, then when it comes to relevant inactivity of the proprietor and last, whether to cancel the trademark necessary existence of available alternative designation of the products.