When an EU Trademark (EUTM) is infringed, for example, where a third party uses an identical or confusingly similar sign, there are two routes available. The first is the administrative tool before the EUIPO (the European Union Intellectual Property Office), such as opposition against a filed application. The second is the judicial route. This article focuses on the judicial route: which courts are competent, what types of actions can be brought, and, crucially, how the choice of forum affects the territorial reach of the court’s decision. 1) Which courts are competent? Claims relating to EU trademarks are not filed before the...
