ECJ: owner may enforce EUTM without having to demonstrate genuine use during five-year period following registration

European Union

In Länsförsäkringar v Matek, the ECJ has held that, under Article 9(1)(b) of Regulation 207/2009, read in conjunction with Articles 15(1) and 51(1)(a), during the five-year period following registration of a EUTM, its proprietor may, if there is a likelihood of confusion, prevent third parties from using a sign identical or similar to its mark in respect of all goods and services identical or similar to those for which that mark is registered without having to demonstrate genuine use in respect of those goods or services.

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