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

South Korea's One Law Partners is combining with boutique firm Minwho Law Group to leverage global expansion of K-content and build a broader offering spanning IP, tech and regulatory advisory work
Russell Kennedy's Gina Tresidder on juggling matters, delivering hard truths, and why IP ownership is rarely as simple as people think
Attorney Oran Friar and trainee attorney Harry Cunliffe at Reddie & Grose, share that patent filings for clinical LLMs are surging, but success in the UK and Europe hinges on demonstrating technical innovation
Implementers can use the UK courts to seek FRAND terms for patent pool licences
The first credible UPC spinouts are growing, and they are coming from elite patent litigation teams, suggesting specialist litigators may no longer need large platforms to compete
Voyage IP has hired a veteran IP leader from Spruson & Ferguson as its head of trademarks, as well as another consultant who will boost the firm’s commercial offering
Lawyers say unwritten appearance expectations can disproportionately affect women and junior talent, making proactive guidance a growing responsibility for law firm leaders
Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Gift this article