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Procedural autonomy of national courts acting as EU trade mark courts—how far can the effectiveness of unitary character of EUTMs be ensured?

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  • Agnieszka Sztoldman

Abstract

The Court of Justice of the European Union has recently rendered preliminary rulings in two separate European Union trade mark (EUTM) infringement cases, Gemeinde Bodmann-Ludwigshafen (C-256/21) and LM v KP (C-654/21), confirming that a counterclaim for invalidity in an EUTM infringement proceedings is independent in scope and the outcome from the infringement action, reflecting the principle of procedural autonomy of national courts acting as EUTM courts.

Suggested Citation

  • Agnieszka Sztoldman, 2024. "Procedural autonomy of national courts acting as EU trade mark courts—how far can the effectiveness of unitary character of EUTMs be ensured?," Journal of Intellectual Property Law and Practice, Oxford University Press, vol. 19(4), pages 281-287.
    • Handle: RePEc:oup:jiplap:v:19:y:2024:i:4:p:281-287.
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    File URL: http://hdl.handle.net/10.1093/jiplp/jpad126
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