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Jun 04, 2010
Geoff Smith, Harrison Goddard Foote, UK
Lee Curtis, Harrison Goddard Foote, UK

What is genuine use of a CTM? The OMEL/ONEL case


Geoff Smith, Harrison Goddard Foote, UK, Lee Curtis, Harrison Goddard Foote, UKAre there implications for trade mark filing strategy in the EU and for the validity and enforceability of CTMs? A recent decision of the Benelux Intellectual Property Office in the OMEL/ONEL case could have profound consequences for the owners of CTMs. The case has provoked significant debate which is far from resolved. The purpose of this note is to inform CTM owners as to the potential implications of the decision and actions that need to be considered.

The issue - what constitutes “genuine use” of a CTM? This concerns whether a CTM that has been used in only one of the 27 EU member states is valid and can be enforced against third party rights. Most commentators, as well as OHIM (the CTM Registry) and MARQUES (the industry trade mark organisation), argue that use of a mark on a more than minimal level in only one EU country will constitute genuine use and that this validates the CTM across the EU.  read more