of invalidity concerning the INTERTOPS registration. The application was rejected by OHIM and Sportwetten appealed to the Court of First Instance. Sportwetten contended that: ? registration infringed Article 51 of Regulation No 40/94 read together with Article 7 (1) (f) and (2) because the proprietor was not licensed to offer or advertise in Germany the services in respect of which the mark had been registered; and ? the INTERTOPS trade mark was contrary to public policy or to accepted principles in Germany and other Member States. The Court of First Instance dismissed the appeal and confirmed that: ? it is the trade mark itself, not the circumstances relating to the conduct of the person applying for registration, that is to be assessed in order to determine whether the mark is contrary to public policy or accepted standards of morality for the purpose of Article 7; ? consequently the fact that the INTERTOPS proprietor was prohibited from offering betting services in Germany did not have the effect of rendering the trade mark itself contrary to public policy or principles of morality; and ? therefore there was no grounds for which the decision should be annulled and therefore the application for a declaration of invalidity was denied. If you require further information contact us at enquiries@rtcoopers.com or Visit http://www.rtcoopersiplaw.com or http://www.rtcoopers.com/practice_intellectualproperty.php © RT COOPERS, 2006. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
Dr Cooper is a patent law expert