Wednesday, August 11 2021   \  Published by EMLEX - Eva Maschietto Massimo Maggiore.

EU Trademark : How to Avoid Opposition to Registration?

The very recent judgment rendered by the EU Court on 14 April 2021 following the outcome of case T-201/20, with reference to the Chianti Classico figurative trademark characterized by a stylized black rooster, allows us to dwell on the precautions that must be followed by those who intend to proceed with the registration of a trademark of the European Union (hereinafter, the " EU Trademark ") in order not to see the investments made to reach this important goal frustrated.


A trademark applied for, following the opposition of the owner of an earlier well-known trademark, will have to be registered where (i) visual, phonetic and conceptual similarity is excluded in the context of an overall assessment of the conflicting signs; (ii) there is no link with the earlier mark; (iii) does not take unfair advantage of the distinctive character or reputation of the earlier mark or is detrimental to themContinue Reading

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