The owner of an earlier trade mark may sue the owner of a later registered trade mark without the need to previously invalidate it.
Tue, 13/01/2015 - 11:51
A recent Decision of the Spanish Supreme Court has declared that the owner of an earlier Spanish trade mark which is confusingly similar to a later trade mark, also registered, may sue the owner of the latter, if the trade mark is in use, without the need to previously invalidate said trade mark. This decision is consistent with the criterion that is being applied to community trade marks.
