Cystus has not been put to genuine use despite being used on the packaging of the goods concerned

Print this page 31-01-2019
IPPT20190131, CJEU, Pandalis v EUIPO

Trade mark law - Appeal against General Court finding that “Cystus” has not been put to genuine use despite being used on the packaging of the goods concerned unfounded: the condition of genuine is not fulfilled where the mark affixed to an item does not contribute to creating an outlet for that item or to distinguishing the item from the goods of other undertakings, the General Court stated that in view of its context the use of the term ‘cystus’ on the packaging of the products would be perceived as descriptive of the main ingredient of those goods “Cistus” and not as identifying their commercial origin, by stating this, the General Court did not find that the mark at issue was descriptive.

 

IPPT20190131, CJEU, Pandalis v EUIPO

 

C-194/17 - ECLI:EU:C:2019:80