BREAKING: CJEU in Sky v SkyKick rules that a trade mark cannot be declared wholly or partially invalid on grounds of lack of clarity and precision of its specifications
It just a few months ago that this blog reported on the Opinion of Advocate General Tanchev in the important Sky v SkyKick , C-371/18 case . A referral from the High Court of Justice of England and Wales made by Arnold J (as he then was), the Sky case is probably the most important referral in the EU trade mark field made over the past few years . It asked the Court of Justice of the European Union (CJEU) to clarify: Whether an EU or national trade mark may be declared wholly or partially invalid on the ground that some or all of the terms in the specification of goods and services are lacking in sufficient clarity and precision to enable the competent authorities and third parties to determine on the basis of those terms alone the extent of the protection conferred by the trade mark; In case that answer to the question above is in the affirmative, whether a term like 'computer softwa...