The European Union (EU) trade mark and design system offers a single, unified right that protects intellectual property across all Member States with one registration. However, cross-border litigation can be complex for non-EU companies, especially if neither the infringing party nor the EU trademark or design owner has a domicile or establishment in the EU. In this scenario, the EU Trade Mark Regulation and the EU Design Regulation provides an elegant and strategic solution: the residual forum in Alicante (Spain).
The core of this solution lies in Article 125.3 of the EU Trade Mark and in the Article 82.3 of the EU Desings Regulation, which state that if neither the defendant nor the plaintiff has a domicile or establishment (a stable structure of human and technical resources that acts as an extension of a company for its own business activities) in the EU, proceedings must be brought before the Alicante courts, where the EUIPO is headquartered, in a unique position to hear these disputes.
This residual forum offers a significant advantage: the judgment issued by the EU Trademark and Design Court in Alicante has effect across the entire European Union. This means non-EU litigants can obtain a single, authoritative resolution that avoids the need for multiple, costly proceedings in different Member States. Furthermore, the Alicante courts specialize in EU trademark and design Law, ensuring high quality of decisions, with very reasonable attorney fees. Interestingly, and particularly for international trade fair as the Mobile World Congress, the Alicante EUTM courts have introduced measures to expedite provisional relief procedures for these cases in as little as 24/48 hours.
Article by Ricardo Guerras.
Published in Journal of Towa Institute for Intellectual Property.
