Community trade mark and infringements - 02.05.2011

Briefly, the Court – in case C-235/09 – ruled that a “prohibition against further infringement or threatened infringement of a Community trade mark, issued by a Community trade mark court…extends, as a rule, to the entire area of the European Union”. Thus, the decision of the Court is surely important under the point of view of the recognition of a judicial guardianship, uniform and potentially valid on the entire EU area (and then, even outside the territory of the Member State in which the decision has been issued), of the rights conferred by the Community trade mark on its proprietor.