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dicembre 07, 2018 Generale
General Court confirms official character of TMview
By a judgment rendered on 6 December 2018 in case T-848/16, Deichmann v EUIPO – Vans (V), the General Court confirmed that extracts from TMview are acceptable evidence in inter partes proceedings before EUIPO in order to substantiate earlier trade marks registered with the participating offices, as long as they contain all relevant data.
TMview database is an online consultation tool managed by the EUIPO. It collects and provides free of charge access to trade mark applications and registrations of the participating trade mark offices, including WIPO. The information is made available by the trade mark offices, which own the content and are responsible for the update. You can find out more at https://www.tmdn.org/tmview/welcome.
The General Court held that in view of these characteristics, an extract from TMview, in relation to international registrations designating the European Union, constitutes a copy of the registration certificate issued by WIPO and, where appropriate, a document equivalent to the most recent renewal certificate within the meaning of Rule 19(2)(a)(ii) of Regulation No 2868/95 [now Article 7(2)(a)(ii) EUTMDR], provided that the extract contains all relevant information. If the list of goods or services contained in the TMview extract is not in the language of the proceedings, the excerpt must be submitted together with a translation of that list.