CJEU judgment in Cactus

Office Freylinger announces with satisfaction the judgement of the Court of Justice of the European Union of 11 October 2017 opposing Cactus to the EUIPO (C-501/15P).

The case concerns an opposition against an EUTM application for a word mark ‘cactus of peace’ and ‘cactus de la paz’ based on earlier EUTM for word ‘cactus’ and a word/device EUTM for ‘Cactus ‘ held by Cactus, the Luxembourg’s main brand of supermarkets.

We will come back later to this decision, which provides an important clarification on the applicability of IP Translator.

In the meantime, you may watch the video by RTL TV, with comments from Pierre Kihn and Olivier Laidebeur.