Use of term in descriptive manner is not genuine use of trademark
In Henkell & Co Sektkellerei KG v European Union Intellectual Property Office (EUIPO) (Case T-20/15 of April 14 2016), the General Court held that the evidence provided by Henkell, in order to prove genuine use of its earlier EU trademark, did not prove to the requisite legal standard that the earlier trademark had been put to genuine use during the relevant period.
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