ECJ Community trade mark – Regulation No 207/2009 on the Community trade mark – Genuine use – Place of use
A ‘genuine use’ of a mark, namely ‘to guarantee the identity of the origin of the goods or services for which it is registered, in order to create or preserve an outlet for those goods or services’ means ‘real commercial exploitation of the mark in the course of trade, particularly 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’
Sharpston AG
C-149/11, [2012] EUECJ C-149/11, [2013] ETMR 16, [2013] BUS LR 928, [2012] WLR(D) 388, ECLI:EU:C:2012:816
Bailii, WLRD
Regulation No 207/2009
Cited by:
Cited – Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Leading Case
Updated: 31 October 2021; Ref: scu.463841
