BOEHMERT & BOEHMERT partner and trademark expert Dr. Florian Schwab has reported on the ruling recently issued by the European General Court (EGC) of June 27, 2013 (T-608/11 Beifa Group Co. Ltd. v. HABM) in the online professional journal World Trademark Review Daily of July 26, 2013. The court was dealing with the case in question for the second time. It ordered the cancellation of a Community design featuring a highlighter pen, because of an older 3D trademark belonging to Schwan-Stabilo. In doing so the court appears to have broken new ground, laying important foundations for the intersection of these two types of industrial property right.
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