Kern & Weyl is glad to have defended the trademark owners rights during the first five years period after the registration and to have obtained the support of the French government and the Commission.
The Court has to answer the following question:
‘Must Article 5(1)(b) and Articles 10 and 12 of Directive [2008/95] be interpreted as meaning that a proprietor who has never [used his or her] trade mark and whose rights in it were revoked on expiry of the period of five years following publication of its registration can obtain compensation for injury caused by infringement, claiming an adverse effect on the essential function of [his or her] trade mark, caused by use by a third party, before the date on which the revocation took effect, of a sign similar to that trade mark to designate goods or services identical or similar to those for which that trade mark was registered?’
Conclusions by Advocate General Mr. Pitruzzella announced for September 18, 2019.
