The EU Intellectual Property Office’s trademark appellate board is not bound by the result of a related court decision, the EU Court of Justice ruled on July 21 (Apple and Pear Australia Ltd v. EUIPO, E.C.J., C-226/15 P, 7/21/16).

A court in Brussels had found a likelihood of confusion between Carolus C BVBA’s “English Pink” mark and Apple and Pear Australia Ltd.'s (A&P) registered marks. A&P argued that the EUIPO, which was hearing its opposition to Carolus’s registration of “English Pink” as an EU trademark, should be bound by the court’s finding. The EU Court of Justice (CJEU)...