ONEL: what constitutes genuine use of a Community Trade Mark?

On 19 December 2012, the Court of Justice of the European Union (CJEU) handed down its long-anticipated judgment in the ONEL/OMEL case. This reference from the Court of Appeal of the Hague sought guidance on the question of whether use of a Community Trade Mark (CTM) in a single member state constitutes genuine use in the Community.

Territorial borders should be disregarded. The boundaries of member states are not a relevant consideration for the purposes of assessing genuine use in the Community.

Tterritorial scope is just one factor in the overall assessment and there is no de minimis rule. Other relevant factors are the characteristics of the market concerned, the nature of the goods or services protected by the trade mark and the scale, frequency and regularity of the use…

If you are registered and logged in to the site, click on the link below to read the rest of the Nabarro briefing. If not, please register or sign in with your details below.

 

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Lacon House
84 Theobald's Road
London
WC1X 8RW
UK
http://www.nabarro.com

Turnover (£m): 116.70
No. of lawyers: 405