C-149/11, Leno Merken Liaison Meeting, Alicante April 2013 Mikael Francke Ravn, Chief Legal Adviser

–36 It should, however, be observed that, as is apparent from the case-law referred to in paragraph 30 of this judgment, the territorial scope of the use is not a separate condition for genuine use but one of the factors determining genuine use, which must be included in the overall analysis and examined at the same time as other such factors. In that regard, the phrase in the Community is intended to define the geographical market serving as the reference point for all consideration of whether a Community trade mark has been put to genuine use. –50 Whilst there is admittedly some justification for thinking that a Community trade mark should – because it enjoys more extensive territorial protection than a national trade mark – be used in a larger area than the territory of a single Member State in order for the use to be regarded as genuine use, it cannot be ruled out that, in certain circumstances, the market for the goods or services for which a Community trade mark has been registered is in fact restricted to the territory of a single Member State. In such a case, use of the Community trade mark on that territory might satisfy the conditions both for genuine use of a Community trade mark and for genuine use of a national trade mark. Mikael Francke Ravn, Chief Legal Adviser

What now? the usages regarded as warranted in the economic sector concerned as a means of maintaining or creating market share for the goods or services protected by the mark Token useEU as a reference point T-427/09 og T-434/09 (C-610/11 P) CENTROTHERM Classes 11, 17, 19 og 42 Evidence: –Fourteen photographs –Four invoices –A sworn statement Mikael Francke Ravn, Chief Legal Adviser

Centrotherm upheld for: – Class 11: Exhaust gas pipes for heating installations, chimney flues, boiler pipes (tubes) for heating installations; brackets for gas burners; mechanical parts for heating, air-conditioning, steam generating, drying and ventilating installations; air-filter apparatus and parts therefor; mechanical parts for gas installations; faucets for pipes; chimney blowers; – Class 17: Junctions for pipes, pipe sleeves, reinforcing materials for pipes, flexible pipes, all the aforesaid goods not of metal; seals, packing materials; packing, stopping and insulating materials; semi-processed plastics in extruded form for use in manufacture; goods of plastic, included in class 17; – Class 19: Building materials; pipes, pipework, in particular for building; water pipes, branching pipes; reinforcing materials for building purposes; wall linings, building panels, panels; lengthening pieces for chimneys, chimney shafts, chimney cowls, chimney pots, mantelpieces, all the aforesaid goods non-metallic; – Class 42: Architectural consultation, construction drafting, engineering services, technical project studies; surveying. Mikael Francke Ravn, Chief Legal Adviser