Intellectual and industrial property – EU trade mark, Judgment of the European Court of Justice, Ninth Section, 19 October 2017
(Reference for a preliminary ruling — Intellectual and industrial property — EU trade mark — Regulation (EC) No 207/2009 — Article 96(a) — Infringement proceedings — Article 99(1) — Presumption of validity — Article 100 — Counterclaim for a declaration of invalidity — Relationship between an action for infringement and a counterclaim for a declaration of invalidity — Procedural autonomy) In Case C 425/16, REQUEST for a preliminary ruling under Article 267 TFEU from the Oberster Gerichtshof (Supreme Court, Austria), made by decision of 12 July 2016, received at the Court on 1 August 2016, in the proceedings omitted v omitted, THE COURT (Ninth Chamber), after hearing the Opinion of the Advocate General at the sitting on 20 June 2017, gives the following Judgment 1 This request for a preliminary ruling...
Read more