The Community Trade Mark
8. Infringement Procedures :
The responsibility for sanctioning activities which infringe the rights of a Community trade mark lies with the national Community trade mark courts, which have been established to deal specifically with Community trade mark infringement matters. These courts have exclusive jurisdiction for Community trade mark infringement cases and have highly specialized judges. The plaintiff may choose between the court of the Member State in which the infringement was committed and the court of the Member State in which the defendant is domiciled. The latter has the advantage that all disputes from various EU Member States may be combined in one proceeding, whereas the court in the country of the infringement only has jurisdiction for acts committed in that territory.
The proceedings of infringement cases regarding the infringement of a Community trade mark are governed by the respective national law. However, the effects of Community trade marks are determined solely by the provisions of the Council Regulation. Furthermore, the Council Regulation does not prevent actions concerning a Community trade mark and relating, in particular, to civil liability and unfair competition under the law of the Member States.
[Art. 96]
During infringement proceedings the defendant may file a counterclaim for revocation or for declaration of invalidity of the earlier Community trade mark. Also, proof of genuine use by the proprietor of this Community trade mark for the last five years may be requested.
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