Friday, 30 October 2009

Res judicata in OHIM?

Thanks to the Inner Temple Library's current awareness blog, and the WLR Daily (the Daily Weekly?) whose website doesn't sem to be working at present (the whole ICLR site seems to be down), I learn of a recent CFI decision in Case T-140/08 Ferrero SpA v OHIM. The Court observed that the principle of res judicata does not apply in OHIM proceedings:
In proceedings concerning the alleged invalidity of a community trade mark, departments of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) are not bound by earlier final decisions in opposition proceedings, since no force of res judicata attaches to such decisions.
Is this surprising? I don't know, but I guess I had assumed that earlier decisions would provide some sort of precedent. I suppose the fact that they are first instance decisions explains why they are not binding. Interesting.

No comments:


blogger templates | Make Money Online