On Tuesday afternoon, the EU’s highest court, the Court of Justice of the European Union (CJEU), handed down a landmark judgment concerning how goods and services should be described in trade mark applications. In response to the decision, we recommend brand owners must work closely with their legal counsel to ensure that subsequent trade mark applications proceed to registration successfully and provide the sphere of protection they seek.
Squire Sanders lawyers have drafted an overview of the judgment and its possible effects. As a result of the judgment, brandowners must ensure that their trade mark applications (national or CTM) clearly state what goods or services are covered. Advice should be sought from specialist legal advisers about how to draft the application to ensure this protection is successfully obtained.