Place Of Use – Wrong Standard?

Standard International Management v EUIPO - Asia Standard Management Services (The Standard) T-768/20

Introduction

In a rare case of the General Court going against the Board of Appeal's decision, a luxury hospitality operator sought to retain their EUTM despite rendering the services outside the relevant territory.

This case notes the importance of taking into account advertising and offers for sale which constitute acts of use in the assessment of the genuine use of an EU trade mark.

Background – Standard Hotels

Standard International Management LLC (SIM) operates a group of boutique hotels. The first Standard Hotel was opened in Hollywood and attracted a number of high profile investors including actors Leonardo DiCaprio, Cameron Diaz and Benicio del Toro.