Territorial borders of Member States should be disregarderd by genuine use in the Community

TRADE MARK LAW

Genuine use in the Community: territorial borders of Member States should be disregarded

"59. [...] that the territorial borders of the Member States should be disregarded in the assessment of whether a trade mark has been put to ‘genuine use in the Community’ within the meaning of that provision. A Community trade mark is put to ‘genuine use’ within the meaning of Article 15(1) of Regulation No 207/2009 when it is used in accordance with its essential function and for the purpose of maintaining or creating market share within the European Community for the goods or services covered by it. It is for the referring court to assess whether the conditions are met in the main proceedings, taking account of all the relevant facts and circumstances, including the characteristics of the market concerned, the nature of the goods or services protected by the trade mark and the territorial extent and the scale of the use as well as its frequency and regularity."

IEPT20121219, ECJ, Leno v Hagelkruis

C-149/11 - ECLI:EU:C:2012:816