What Might the Court of Justice's Ruling in Federation Cynologique Internationale v Federacion Canina Internacional de Perros de Pura Raza Hold for the Future of Section 11(1) of the Trade Marks Act 1994?

摘要

The Court of Justice has found that "Article 9(1) of the Regulation must be interpreted as meaning that the exclusive right of the proprietor of a Community trade mark to prohibit all third parties from using, in the course of trade, signs identical with or similar to its trade mark extends to a third-party proprietor of a later registered Community trade mark, without the need for that latter mark to have been declared invalid beforehand." But what does this mean for s.11(1) of the Trade Marks Act 1994?