The 23 judges of the CET-J (Circle of European Trademark Judges) met for their annual two-and-a-half-day meeting in Vienna. This meeting, held at the local supreme court in a different capital city each year, has been taking place for 26 years.

Representing 19 countries, including non-EU countries, the judges discussed nationally significant cases, particularly those involving referrals to the ECJ. The aim is to understand new pressing legal problems and legal issues that arise when comparing the respective national assessments, as well as to suggest to the ECJ that harmonisation is needed or to initiate referrals. With this in mind, a visit to the CJEU was also arranged.

In Vienna, the main focus was on the problem of applying AI in trade mark law proceedings, and the statement made at the CET-J annual meeting in Riga in 2024 was clarified: a secure and clear plan of action must be developed. This must form the basis for procedural law that incorporates AI.

In addition, an appeal was made to the ECJ to clarify individual grounds for (in)eligibility for protection, in particular with regard to the distinction between certification marks, collective marks and geographical indications of origin. 

ECTA members are invited to consult the conclusions to learn more. We extend our sincere thanks to former Presiding Judge at the German Federal Patent Court and member of CET-J, Marianne Grabrucker, for kindly sharing the conclusions with ECTA.