Proving a Prior Right to a Trade Mark

Proving a Prior Right to a Trade Mark

Journal article

1 electronic resource (page 652–654)

Extract Trade Marks Act, Chapter 1, § 7 second paragraph – NEFERTITI Headnotes by the Editorial Office 1. A prior right to a sign according to a trade mark application corresponds to a preferential right, a claim to exclusive rights, and not an actual exclusive right. 2. Prior use should not be understood as requiring the demonstration of an exclusive right of establishment. 3. In some cases, even a simple use of a sign may give rise to a right of priority in respect of an application for registration of a trade mark where such use has been made with a manifestly disloyal purpose. 4. In other cases, it should be required that the alleged prior use constitutes a clear trade mark use of a certain scale. This may be the case, for example, where a sign has been used by several operators in a business in such a way that it has been difficult for the average consumer to distinguish between the operators and their trade mark use.

Crossref

GRUR International ; 74, 7, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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