Giulia Panigazzi, along with Margherita Barié, co-authored the article “General Court provides guidance on what constitutes proof of reputation of earlier mark” published on WTR Daily.

• In assessing the reputation of an earlier mark in the European Union, the evidential value of a document varies depending on whether the period covered is close to or distant from the filing date of the later mark.
• Scientific or public-interest press resulting from independent research has evidential value in itself, while evidence consisting of promotional press shall be supported by proof of dissemination
• Presence on the Internet, through websites or social media, may contribute to the reputation of a mark when it is supported by independent data and information on the users and their activity on such platforms

In Atomico Investment Holdings Ltd v European Union Intellectual Property Office (EUIPO) (Case T‑98/23, 28 February 2024), the General Court has ruled against Atomico Investment Holdings Ltd (‘the applicant’), owner of the earlier ATOMICO trademarks, in favour of Augusto Gomes Tominaga and his application for the following EU trademark…

This article first appeared in WTR Daily, part of World Trademark Review, in (month/year). For further information, please go to www.worldtrademarkreview.com