Junior CTM registration no defence, Court rules

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Junior CTM registration no defence, Court rules

Owners of registered Community trade marks cannot use their marks to defend infringement actions based on a senior CTM, Europe’s highest court has ruled

FCI mark

The Court of Justice of the EU ruled yesterday in a case between two dog breeding organizations, FCI and FCIPPR. Both owned similar Community trade marks. A court in Alicante asked the Court of Justice to decide whether Article 9(1) of the Trade Mark Regulation allows CTM owners to prevent other parties from using similar or identical sign, even if that later-registered mark has not been declared invalid.

The Court said that the owner of the more recent registration cannot use that registration to defend itself against claims of infringement by the owner of a senior mark.

FCIPPR-mark

The decision has important implications for the law in a number of member states, such as the UK, Spain and Ireland, which allow defendants in infringement actions to rely on their junior registrations until they have been declared invalid.

The ruling implies that such a defence should not be allowed.

The Fédération Cynologique Internationale was represented by Eric Jordi Cubells of Monereo Meyer Marinel-lo. The Federación Canina Internacional de Perros de Pura Raza was advised by S Doménech López.




more from across site and SHARED ros bottom lb

More from across our site

Maria Peyman, head of IP at Birketts, explains why the firm is adopting a ‘seamless approach’ for clients by integrating two of its practice areas
Matthew Swinn, who leads the firm’s IP practice, discusses why Mallesons is well-placed to remain a major IP force
Lawyers at A&O Shearman analyse developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits
Michelle Lee discusses reaching milestones at the USPTO, AI’s role in legal work, and how to empower women in tech and IP
Executive chair Matt Dixon, who reveals a new associate hire, says the firm wants to offer a realistic pathway to partnership while avoiding the ‘corporate machine’ route
Mayer Brown’s role in cardiovascular technology dispute reflects how firms are pursuing precedent-setting cases to try and guide AI and patent law
Kevin Mack, Via’s new president, emphasises the importance of collaborative licensing structures and shares how AI tools can help create new lines of business
A Tokyo District Court ruling concerning movie spoilers, and a second chance for VLSI against Intel were also among the top talking points
Practitioners believe new AI tools at the USPTO will not replace lawyers or disrupt revenue, but instead expose where a trademark attorney’s value lies
Leighton Cassidy Legal hopes to leverage its founder's international experience and provide clients with a rare chance to receive litigation and prosecution under one umbrella
Gift this article