Presentation on theme: "Where should I use my CTM? Elisa ZAERA 24/04/2013."— Presentation transcript:
Where should I use my CTM? Elisa ZAERA 24/04/2013
C-149/11 LENO MERKEN (ONEL/OMEL) Reference for a preliminary ruling from a Dutch Regional Court of Appeal Questions on the obligation of a CTM proprietor to put its mark to genuine use within the EU Judgment delivered on 19/12/2012
IS USE IN A SINGLE MEMBER STATE ALWAYS SUFFICIENT? IF NOT: IS USE IN ONE MEMBER NEVER SUFFICIENT? SHOULD GENUINE USE BE ASSESSED WITHOUT REFERENCE TO BORDERS OF MEMBER STATES? OR THE QUESTIONS: ART. 15
Territorial scope is only one of the factors Political boundaries irrelevant Use in accordance essential function TM Look at relevant facts & circumstances THE ANSWER
No preliminary requirement Assessed together with other factors When? Essential function of a trade mark Maintaining or creating market share for relevant goods and services What for? Look at market and goods and services In combination with economic extent of use (volume, frequency, duration) How ? THE ANALYSIS
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