IP Case Analysis: Reviewing the scope of General Court’s jurisdiction in assessing facts

2nd October 2024

Lee & Thompson legal director and Chartered Trade Mark Attorney Helene Whelbourn, from our Brand Protection team, discusses a recent examination of the General Court’s jurisdiction in assessing case facts, by the Advocate General (European Union Intellectual Property Office v Neoperl).

The opinion reviews the appeal filtering mechanism and confirms that a serious legal principle was at issue by holding that a trade mark application was not sufficiently represented. The Board of Appeal had previously found that the trade mark lacked distinctiveness.

This piece was originally written for, and published by, LexisNexis and is available to read here or by clicking on the button below.

 

 

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