Amicus Brief

Voss of Norway ASA v. OHIM

Published: November 3, 2014


The Court of Justice of the European Union

Our Position

With regard to invalidity under the Community Trade Mark Regulation, it is clear that the burden of proving the invalidity of a registered trademark falls exclusively on the party seeking the declaration of invalidity. The trademark proprietor does not bear the burden of proving validity, and any ambiguity or doubt should be resolved in favor of the proprietor. These provisions apply uniformly to all types of trademarks.