Normative Marketing Activity As Indicator Of ""Genuine Use"

While the ONEL/OMEL decision has led to discussions on the geographical scope of use of a registered CTM, the Norwegian Industrial Property Office (NIPO) Board of Appeal (BOA) has issued a decision referring to the quantitative requirements underlying the "genuine use" criterion.

The trademark in question was registered for hair care products. During the registration period, the proprietor imported 400 products to a local distributor but there was no evidence of any sales or marketing attempts towards the end consumer.

The BOA stated that when assessing the "genuine use" criterion, consideration must be given to the nature of the goods at issue, the characteristics of the market concerned and the scale and frequency of use of the mark. Use of the mark does not have to be quantitatively significant to be deemed genuine, but the trademark owner must show real mercantile interests in the mark.