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

The combined firm, which has a newly appointed IP partner in London, brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York
A host of SEP-rich law firms, both leading arguments and as intervenors, are set to feature in the UK Supreme Court’s third FRAND episode, though one claim has been settled
Law firms are investing in generative engine optimisation and boosting their online presence in the hope of gaining a new client base
A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
A fresh wave of deals highlights why investors favour IP firms and why independent outfits may soon have to rethink their strategy
King & Spalding has now hired 15 partners from Winston Taylor and legacy firm Winston & Strawn in offices spanning Texas, San Francisco, and Chicago
Firm says its work with a biotech client could signal a sea change in how - and when - law firms enter the drug development process
Evan Lazerowitz, attorney in Robinson + Cole’s bankruptcy and reorganisation group, offers key takeaways for IP interested parties in bankruptcy and insolvency proceedings
While the UK sees heavy IP rankings movement, Germany’s new tiered UPC table signals a shift from early adoption to market maturity
In an exclusive interview, Bernard Ledeboer reveals how a Consolid-backed group of firms wants to expand across Europe, invest in AI and centralise operations to compete at the top tier
Gift this article