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CJEU Gives First Ruling on Article 8(3) of Regulation 2017/1001, World Trademark Review

November 24, 2020

Morgan Lewis partner Nick Bolter and associate Laura Elliott authored an article for World Trademark Review about the recent EUIPO v John Mills decision. This is the ECJ’s first ruling on the interpretation of Article 8(3), which provides for an absolute ground of refusal where a mark was applied for by the agent or representative of the proprietor without their consent. According to the article “for trademark owners, this decision should provide some comfort as to the extent of protection of their earlier marks when faced with misuse and an unconsented EUTM application by an agent/representative.”

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