Abstract
The High Court of Justice has interpreted Article 17(2) of the Community Trade Mark Regulation, which provides that ‘[a] transfer of the whole of the undertaking shall include the transfer of the Community trade mark’, in a commonsense manner that provides that the Community trade mark shall follow the transferred business. The Court gave great weight to facts and circumstances of the relevant transactions in giving effect to the transfer of the trade mark rights.
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More From: Journal of Intellectual Property Law & Practice
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