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Do you suspect that your Community trademark is infringed?
 
Cases concerning infringement of Community trademarks are handled by the Court of Community Trademarks and Designs in Warsaw.
 
The cases are judges with accordance to the provisions of the Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trademark.
 
Rights conferred by a Community trademark:
 
A Community trade mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade:
 
(a) any sign which is identical with the Community trademark in relation to goods or services which are identical with those for which the Community trademark is registered;
 
(b) any sign where, because of its identity with, or similarity to, the Community trademark and the identity or similarity of the goods or services covered by the Community trademark and the sign, there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association between the sign and the trademark;
 
(c) any sign which is identical with, or similar to, the Community trademark in relation to goods or services which are not similar to those for which the Community trademark is registered, where the latter has a reputation in the Community and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the Community trademark.
 
The following, inter alia, may be prohibited:
(a) affixing the sign to the goods or to the packaging thereof;
 
(b) offering the goods, putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder;
 
(c) importing or exporting the goods under that sign;
 
(d) using the sign on business papers and in advertising.
 
Prohibition on the use of a Community trade mark registered in the name of an agent or representative:
Where a Community trademark is registered in the name of the agent or representative of a person who is the proprietor of that trademark, without the proprietor’s authorisation, the latter shall be entitled to oppose the use of his mark by his agent or representative if he has not authorised such use, unless the agent or representative justifies his action.
 
Limitation of the effects of a Community trademark:
A Community trademark shall not entitle the proprietor to prohibit a third party from using in the course of trade:
(a) his own name or address;
 
(b) indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of the goods or of rendering of the service, or other characteristics of the goods or service;
 
(c) the trademark where it is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts, provided he uses them in accordance with honest practices in industrial or commercial matters.