April 5, 2018
The Danish Patent and Trademark Office (DKPTO) has taken the approach that when an opposition is based on the reputation associated with earlier EU rights, then those earlier EU rights need to be reputed also in Denmark to enjoy the enhanced protection provided by reputation in oppositions against national Danish trademark applications.
At Kluwer Trademark Blog, Zacco’s Louise Thorning Ahle writes about the scope of protection for reputed EU-trademarks when opposing a national Danish application.
In the blog a recent case concerning a conflict between two tobacco companies are covered and a change in case law is indicated.
Read the blog post here.