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ARTICLE · 05 NOVEMBER 2012

IP Bulletin - Autumn 2012

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

Charles Russell Speechlys LLP

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CJEU considers whether use within a single Member State may constitute "genuine use in the Community" (Article 15(1) Regulation 207/2009).

United KingdomIntellectual Property
Charles Russell'S Intellectual Property Group
Charles Russell'S Intellectual Property Group

TRADE MARKS

CJEU considers whether use within a single Member State may constitute "genuine use in the Community" (Article 15(1) Regulation 207/2009)

AG Sharpston's opinion on the meaning of "genuine use in the Community" (Article 15(1) CTM Regulation) makes clear that genuine use should not be assessed solely on geographical lines but should take into account other factors such as the characteristics of the products and services and features of the relevant market for those products and services (all of which may change over time). Use in a single Member State might be sufficient.

Leno Marken BV v Hagelkruis Beheer BV, Case C 149/11, 5 July 2012 http://curia.europa.eu/juris/document/document.jsf?text=&docid=124734&pageInde x=0&doclang=en&mode=req&dir=&occ=first∂=1&cid=540897 3

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