March 2nd, 2008
Intellectual Property – Trade Mark Infringement – Figurative Community Trademark
In the case of Sportwetten GmbH Gera v the Office for Harmonisation in the Internal Market (“OHIM”) (2005), it was held that the registration of a Community trade mark was not contrary to public policy or public morality.
On 11 January 1999, OHIM published a figurative mark incorporating the word INTERTOPS in respect of Class 42: bookmakers and betting services of all kinds.
Sportwetten GmbH was the proprietor of the trade mark INTERTOPS SPORTWETTEN, registered in Germany in respect of the same types of services.