Silence is golden – or at least does not affect trade mark rights

In trade mark law, silence - or rather inaction - can determine the fate of exclusive rights. In Lunapark Scandinavia (C-452/24), the Court of Justice of the EU (‘CJEU’) has recently clarified that national courts cannot apply non-harmonised national defences relating to inaction. The decision is a reminder that, while EU Member States enjoy some room to manoeuvre in procedural matters, the