CJEU Considers Right to Prohibit use of Later Mark Under Article 8(4)

    View Author July 2014
    In Peek & Cloppenburg KG (Düsseldorf) v Offce for Harmonisation in the Internal Market (OHIM) and Peek & Cloppenburg KG (Hamburg) the Court of Justice of the European Union (CJEU)has  confirmed the decisions of the General Court and Boards of Appeal in the joint Cases C-325/13 P and C-326/13 P. The Community trade mark (CTM) applications for PEEK & CLOPPENBURG in Classes 25 and 35 respectively are finally rejected on the basis of Article 8(4) CTMR in conjunction with Sections 5(2), 6(3), 15(2) and (3) of the German Act on the Protection of Trade Marks and other Symbols (hereinafter referred to as “MarkenG”).