Case C-112/21, Meering Touringcars Amsterdam B.V. V. V.O.F. ...

International Trademark Association Logo International Trademark Association

• Home
• Advocacy
• Amicus Brief

Amicus Brief

Case C-112/21, Meering Touringcars Amsterdam B.V. v. V.O.F. Classic Coach Company and Others

Published: August 16, 2021

Court

Court of Justice of the European Union

Our Position

An earlier and lawfully acquired unregistered (trade name) right of mere local significance (in this case, a trade name) can co-exist with a later registered trademark. The earlier unregistered right does not constitute a barrier to the registration of the later trademark, and the owner of the later trademark cannot object to the older unregistered right. To rely on its earlier unregistered local right, there is no requirement that the holder of the earlier right is entitled to bar the later trademark.

Furthermore, it is relevant whether the trademark holder has an even earlier unregistered right (to the same sign) and whether the trademark owner is nevertheless estopped from invoking that even earlier right due to acquiescence by the trademark owner of the later unregistered local trade name right.

Download this Brief

Topics Amicus Briefs Trademarks Europe: European Union International Trademark Association Logo International Trademark Association

© 2024 International Trademark Association. All rights reserved. Privacy Policy, Cookies Policy, and Terms of Use.

We use cookies to understand how this site is used, to improve your user experience, and to provide you with personalized advertising. Manage your cookie preferences here. To find out more please see our Cookies Policy and Privacy Policy.

Accept All Close GDPR Cookie Settings

• Privacy Overview
• Functionality Cookies
• Performance Cookies
• Targeting/Advertising Cookies

Powered by GDPR Cookie Compliance Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

To find out more please see our Cookies Policy and Privacy Policy.

Functionality Cookies

These cookies are used to identify a user’s browser as the visitor goes from page to page on the Site.  These are session cookies, which means that the cookie is deleted when you leave the Site.  It is an integral piece of the Site software and used to let the server know which users are on the Site at any given time and make certain parts of the Site easier to use.

Breezio session cookies Cloudflare Elevate session cookies

Impexium session cookies PHPSESSID WordPress session cookies

Enable or Disable Cookies

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.

Performance Cookies

These cookies are used to collect information about how visitors use our Site.  The cookies collect information in anonymous form, including the numbers of visitors to the Site, where visitors have come to the Site from, the pages they visited and how they have interacted with tools on the Site like search and embedded media players.  We use the information to compile statistical reports of our users’ browsing patterns so that we can improve the Site.

Algolia Google Analytics Hotjar

Spotify YouTube Zopim Live Chat

Enable or Disable Cookies

Please enable Functionality Cookies first so that we can save your preferences!

Targeting/Advertising Cookies

These cookies are used to deliver advertising relevant to the interests of visitors to our Site. They are persistent, which means they will remain on your device after you leave the Site.

• Facebook (Ad Pixel)
• Google (Ad Pixel)
• LinkedIn (Ad Pixel)
• Quattro Anonymous

Enable or Disable Cookies

Please enable Functionality Cookies first so that we can save your preferences!

Accept All Save Changes