ECJ has its say on genuine use, no de minimis rule laid down 19 Dec 12
The Court of Justice of the European Union (ECJ) has issued its long-awaited decision in the ONEL case. While stating that the use of a Community trademark (CTM) in one member state could be sufficient to establish genuine use in the Community, it confirmed that “all facts and circumstances” should be accounted for, ruling out a de minimis rule and suggesting that the bar for showing genuine use within the Community will be a bit higher than that for showing the same in a specific member state.
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