Keywords
Summary

Keywords

Community trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Registration in breach of the provisions of Article 7(1)(d) of Regulation No 40/94 – Material date for the examination of whether the mark has become customary – Taking account of circumstances subsequent to the date of filing the application for registration – Whether permitted

(Council Regulation No 40/94, Arts 7(1)(d) and 51(1)(a))

Summary

While the date of filing the application for registration of a Community trade mark is the material date for the examination of the absolute ground for invalidity referred to in Articles 7(1)(d) and 51(1)(a) of Regulation No 40/94, relating to whether the mark has become customary, it is possible without inconsistency in reasoning or error of law for material to be taken into account which, although subsequent to the date of filing the application, enables the drawing of conclusions on the situation as it was on that date.

(see paras 40-41)