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European Case Law

General Court (First Chamber), 18 March 2016, in case T‑501/13  (Karl-May-Verlag GmbH v. OHIM and Constantin Film Produktion GmbH)

Principles of autonomy and independence of the Community trade mark — Obligation to state reasons

While OHIM is not bound by decisions made by national authorities, it may nevertheless take those decisions into consideration, without them being binding or even determinative, as indicia in the assessment of the facts of the case.
The Board of Appeal cannot treat the decisions of a national court not as possessing an indicative value as evidence in the context of the assessment of the facts of the case, but as binding as to the registrability of the contested mark.

categoria:European Case Law