Abstract

The article explores whether the exclusive right of a proprietor of a trade mark to prohibit all the third parties from using, in the course of trade, signs identical with or similar to its trade mark extends to a third-party proprietor of a later registered trade mark, without the need for that later mark to have been declared invalid beforehand. The relevant national and European legislation as well as respective case-law are considered. A detailed analysis is made of Judgement of 21 February 2013 of the European Court of Justice on a preliminary ruling case C 56/11,Federation Cynologique Internationale v Federacion Canina Internacional de Perros de Pura Raza.