MEGO/TEGO. opposition

Are decisions rendered by the UIBM subject to Res Judicata?

Following the introduction of administrative oppositions in front of the UIBM in 2009, the Italian doctrine has discussed on the possible preclusive effect of decisions rendered by the Italian trademark office.

The decision rendered by the Case T-11/13 (MEGO / TEGO) at the end of September, confirms what we knew: the decisions of opposition and nullity trademarks in front of the OHIM (but the same goes for the UIBM) do not have the effect of res judicata. This means that if an opposition has been rejected, the same party can bring another action for invalidity for the same reasons and under the same earlier grounds on which the Office has already taken a decision.

Of course the same applies when an action is introduced in front of a specialized court for nullity, revocation or infringement, when the UIBM has already rendered a judgment for the same trademarks.