Boswelan rightly declared revoked due to lack of genuine use as a trademark

Print this page 04-02-2020
IPPT20190703, CJEU, Viridis v EUIPO

Trade Mark Law. No genuine use of medicine during clinical trials in the case of a medicinal product which has not yet been granted a marketing authorisation, it is not even possible to advertise it in order to gain or maintain a market share, uses prior to imminent trading may be genuine use if they are external in nature and have an impact on building the future audience. Required conduct of a clinical trial may constitute a valid reason for non-use but trade mark registration prior to it and its long duration fall within the sphere of influence and responsibility of the trade mark proprietor, and therefore cannot be regarded as obstacles beyond his control.

 

IPPT20190703, CJEU, Viridis v EUIPO

 

ECLI:EU:C:2019:557 -  C-668/17 P