registered trade mark owner [ registered trademark owner ]

proprietor of Community trade marks

proprietor of a Community trade mark

trademark owner [ owner of a trademark | trademark holder | trademark proprietor | proprietor of a mark ]

agent of the proprietor of the trade mark

trademark [ manufacturer's trademark | product brand | service mark | stamp of origin | trade mark | trade mark licences(UNBIS) ]

EU trade mark [ Community trademark | Community trade mark | European trademark | European trade mark | European Union trade mark | EUTM ]

European Union Intellectual Property Office [ Community Trademark Office | Community Trade Marks Office | EUIPO | Office for Harmonization | Office for Harmonization in the Internal Market | Office for Harmonization in the Internal Market (Trade Marks and Designs) | OHIM ]

In order to ensure legal certainty and safeguard legitimately acquired trade mark rights, it is appropriate and necessary to provide that, without prejudice to the principle that the later trade mark cannot be enforced against the earlier trade mark, proprietors of earlier trade marks should not be entitled to obtain refusal or invalidation or to oppose the use of a later trade mark if the later trade mark was acquired at a time when the earlier trade mark was liable to be declared invalid or revoked, for example because it had not yet acquired distinctiveness through use, or if the earlier trade mark could not be enforced against the la ...[+++]ter trade mark because the necessary conditions were not applicable, for example when the earlier mark had not yet obtained a reputation.

(22) In order to ensure legal certainty and safeguard trade mark rights legitimately acquired, it is appropriate and necessary to lay down, without affecting the principle that the later trade mark cannot be enforced against the earlier trade mark, that proprietors of European Union trade marks should not be entitled to oppose the use of a later trade mark when the later trade mark was acquired at a time when the earlier trade mark could not be enforced against the later trade mark.

(22) In order to ensure legal certainty and safeguard trade mark rights legitimately acquired, it is appropriate and necessary to lay down, without affecting the principle that the later trade mark cannot be enforced against the earlier trade mark, that proprietors of European trade marks should not be entitled to oppose the use of a later trade mark when the later trade mark was acquired at a time when the earlier trade mark could not be enforced against the later trade mark.

(24) In order to enable proprietors of registered trade marks to fight counterfeiting more effectively, they should be entitled to prohibit the affixing of an infringing trade mark to goods and certain preparatory acts prior to the affixing.