National courts: speaking with one voice?


Leigh Ellis

The Community trademark (CTM) system is premised on the unitary character trademark protection established by Council Regulation 40/94/EC.

The regulation establishes the system whereby trademark protection may be established across the European Union.

In a decision handed down on April 12, 2011, the European Court of Justice considered (1) the unitary character of the Community trademark and (2) the coercive measures imposed by a Community trademark court and how those coercive measures may be enforced in another member state where the courts of the other member states do not have the same powers of enforcement as the original court.


CTM system, CJEU