ECJ's Brandconcern decision shows importance of clarity in registration to avoid claims of non-use

European Union

In Brandconcern v EUIPO, the ECJ has found that the General Court had not erred in accepting proof of use of the mark LAMBRETTA, despite the fact that the mark had apparently been registered for all goods under Class 12 with questionable evidence of use for these goods. The decision might have been quite different had the mark been registered post-IP TRANSLATOR.

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