Case Law Research
In this session, you will learn how to leverage Darts-ip to find relevant case law in the trademark module. As the case law can be split in 2 main issues: absolute and relative grounds, we decided to follow this structure for the examples of the trademark session.
As you know ‘absolute’ grounds are mainly concerned with the nature of the mark itself, as opposed to the ‘relative’ grounds of refusal which deal with conflicts of an applied-for mark with earlier trade marks and earlier rights.
Under absolute grounds, we will have a look at questions relating to the mark application, such as its distinctive character, while for relative grounds, we will have a closer look at the case law comparing the signs, the goods and services, discussing the reputation of the mark and much more!