Following
the introduction of administrative oppositions in front of the UIBM in 2009,
the Italian doctrine has discussed on the possible preclusive effect of
decisions rendered by the Italian trademark office.
The decision
rendered by the Case T-11/13 (MEGO / TEGO) at the end of September, confirms
what we knew: the decisions of opposition and nullity trademarks in front of
the OHIM (but the same goes for the UIBM) do not have the effect of res
judicata. This means that if an opposition has been rejected, the same party
can bring another action for invalidity for the same reasons and under the same
earlier grounds on which the Office has already taken a decision.
Of course
the same applies when an action is introduced in front of a specialized court
for nullity, revocation or infringement, when the UIBM has already rendered a
judgment for the same trademarks.
No comments:
Post a Comment