Defences to the Invalidation and Infringement of Trade Marks: From Preclusion Due to Acquiescence to Preclusion Due to Coexistence

Abstract

Trade mark coexistence is a situation in which two different parties use a similar or identical trade mark to identify similar or identical products or services. It is covered by a specific regulation, Art. 9 Trade Mark Directive, as well as by the Court of Justice case-law, which contains the principle of preclusion due to coexistence. This article examines the circumstances required for applying these rules and the relations between them.