Hours Don't Count In First-To-File Law: EU Adviser

Law360, New York (March 31, 2011, 7:35 PM EDT) -- The exact time that a European Union trademark application is filed is not relevant for determining who has priority over the trademark, a legal adviser to the European Court of Justice said Thursday, dealing a blow to a Spanish insurer.

Niilo Jääskinen, the high court's advocate general, said that a European trademark application filing date refers to a calendar day, not the hour or the minute of the filing, because of the way the law is structured and the practical effects of logging realtime applications....
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