Judgment_paragraph 38 · European Union Intellectual Property Office v Cactus SA (C-501/15 P)

38The Court indicated, in paragraphs 29 and 30 of the judgment of 16 February 2017, Brandconcern v EUIPO and Scooters India (C‑577/14 P, ‘the judgment in Brandconcern’, EU:C:2017:122), that the IP Translator judgment provided clarifications only on the requirements relating to new EU trade mark registration applications, and thus does not concern trade marks that were already registered at the date of that latter judgment’s delivery. The Court thus inferred, in paragraph 31 of the judgment in Brandconcern, that it therefore could not be considered that the Court, by the IP Translator judgment, had sought to question the validity of the approach set out in Communication No 4/03 as regards trade marks registered before the delivery of that latter judgment.

European Union Intellectual Property Office v Cactus SA (C-501/15 P)

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