The Court of Justice of the EU has ruled that, where a European
Community Trade Mark ("CTM") is only used in a single EU
country, the trade mark owner may still be able to establish
"genuine use" of that ctM in the EU. CTMs which have not,
within five years of registration, been put to "genuine
use" in the EU in connection with the goods or services in
respect of which they are registered may be subject to
revocation.
Hagelkruis Beheer applied for a Benelux registration for the
word mark OMEL. Leno Merken, owner of a Community word mark ONEL
for two of the same classes, opposed the registration. In response,
Hagelkruis requested that Leno provide proof of use of the ONEL
mark. Leno had proved use of the earlier mark ONEL in the
Netherlands, but not in the rest of the EU.
