Significant 2005 case law on the Community trade mark from the Court of First Instance, the European Court of Justice and OHIM

Legal context. Each year the ECJ and CFI gives numerous judgmentsin trade mark matters that are of interest to trade mark practitionersthroughout Europe. This article identifies the most importantcases decided in 2005 relating to the major issues in trademark law. Key points. Issues covered relating to procedural questionsinclude the language regime, the duty of Boards of Appeal togive reasons for their decisions, the right of a party to beheard, etc. Numerous substantive issues are covered, relatingto both absolute and relative grounds. The article also containssome helpful annexes that set out some actual comparisons ofsigns and of goods & services that have been carried outby the Luxembourg courts.