Proprietor EU trade mark does not have to prove genuine use within five years following registration

21-12-2016 Print this page
IPPT20161221, CJEU, Länsförsäkringar v Matek

TRADE MARK LAW

 

Based on Article 9(1)(b) of Regulation No 207/2009, read in conjunction with Articles 15(1) and 51(1)(a) of that regulation, a proprietor may, in case of likelihood of confusion, prevent third parties from using a sign identical or similar to his mark for identical or similar goods and services within five years following registration of his EU trade mark. Genuine use of the mark in respect of those goods and services does not have to be demonstrated.

 

"In the light of all the foregoing considerations, the answer to the questions referred is that Article 9(1)(b) of Regulation No 207/2009, read in conjunction with Articles 15(1) and 51(1)(a) of that regulation, must be interpreted as meaning that, during the period of five years following registration of an EU trade mark, its proprietor may, if there is a likelihood of confusion, prevent third parties from using in the course of trade a sign identical or similar to his mark in respect of all goods and services identical or similar to those for which that mark has been registered without having to demonstrate genuine use of that mark in respect of those goods or services."

 

IPPT20161221, CJEU, Länsförsäkringar v Matek

 

C-654/15 - ECLI:EU:C:2016:998