The applicant sought to annul the decision of the OHIM to grant a mark, claiming it was similar to its own. Held: Such an applicant bore the burden under the Regulation, if requested, of proving that the earlier trade mark had ‘been put to genuine use’. That meant providing evidence of real use in a … Continue reading Kabushiki Kaisha Fernandes v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM): ECFI 12 Dec 2002