IPPT20160317, CJEU, Naazneen v OHIM
Trade Mark Law. Genuine use of a trade mark: where the mark is used in accordance with its essential function, which is to guarantee the identity of the origin of the goods or services for which it is registered, in order to create or preserve an outlet for those goods or services. “Proper reasons” for non-use of that mark: only obstacles having a sufficiently direct relationship with a trade mark making its use impossible or unreasonable and which arise independently of the will of the proprietor of that mark. The fact that the claimed obstacle is independent of the will of the proprietor of the trademark is, on its own, not sufficient for those purposes.
IPPT20160317, CJEU, Naazneen v OHIM
C-252/15 P - ECLI:EU:C:2016:178
