Trade Marks: When being first on the list matters

Joint ownership of a trade mark may sometimes arise in the context of a joint venture or another type of collaboration.

To ensure joint control on subsequent use and transfer of such mark, the parties to a joint venture or collaboration agreement may choose to have it registered under all their names instead of just one. In that case, which individual rights do the joint owners, jointly or individually, retain in the trade mark? For the CJEU, the answer depends on the national law applicable to each jointly owned trade mark.

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