header-logo header-logo

03 May 2013
Issue: 7558 / Categories: Case law , Law digest , In Court
printer mail-detail

EU—Trademarks

El Corte Ingles, SA v Office for Harmonisation in the Internal Market (Trade and Designs) (OHIM) and another T-571/11, [2013] All ER (D) 175 (Apr)

It was settled law that the purpose of an action before the General Court was to review the legality of the decisions of the Boards of Appeal of the Office of Harmonisation in the Internal Market (OHIM) within the meaning of Art 65 of the Council Regulation (EC) 207/2009 (on the Community trade mark). It followed from that provision that facts not submitted by the parties before the departments of OHIM could not be submitted at the stage of the action brought before the General Court and that the latter could not re-evaluate the factual circumstances in the light of evidence adduced for the first time before it. The legality of a decision of a Board of Appeal of OHIM should be assessed in the light of the information available to it when it had adopted that decision.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll