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Legal Briefing
General Court lays down a marker in trade mark and design dispute
Practice Area: Designs
Sector: Manufacturing and engineering
Jurisdiction: Germany
Published: 28 May 2010
Law Firm: Ashurst
Overview
In Case T-148/08 the General Court has set out useful guidance for understanding the relationship between registered Community designs and earlier registered trade marks, and has answered questions about the extent of its jurisdiction.
Background and relevant legal provisions
In May 2005, Beifa Group Co. Ltd (Beifa) applied to register a Community design representing a pen and a lid, which it intended to apply to "instruments for writing". The design was registered in July 2005. At that time, Schwan-Stabilo
Schwanhaüßer GmbH & Co. KG (Stabilo) was already the registered proprietor of a German figurative mark which represented a two-dimensional form of its fluorescent marker pens (also for "instruments for writing", in Class 16).
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