WEDNESDAY, 27 JANUARY 2010
Onel vs Omel - OHIM strikes back and BOIP publishes English and French translations
OHIM published an official statement on the Onel vs Omel decision on its website today (have a look here): 'A recent ruling by the Benelux Office for Intellectual Property (BOIP) has attracted controversy in IP discussion groups on the web. The Opposition Decision of 15 January 2010 (Leno Merken B.V./Hagelkruis Beheer bv) states that use of a CTM in one EU Member State (in the specific case, the Netherlands) is insufficient to constitute genuine use in the EU. This contradicts the Joint Statement of the Commission and the Council, which establishes that use of a Community trade mark within the meaning of Article 15 of the CTM Regulation in one EU Member State is sufficient to constitute genuine use in the EU.'
Pending any possible appeal of the BOIP Decision, OHIM - applying the principle of the unitary character of the CTM - continues to consider that boundaries of Member States should not play a part in assessing “genuine use” within the EU Single Market, as recently outlined in its contrbution to the European Commission study on the overall functioning of the trade mark system in Europe.'
In the meantime BOIP published non-official translations in English and French of the decision at its website (have a look here).
Time for some shuttle diplomacy?
Posted by: Gino Van Roeyen @ 15.42
Tags: CTM, Benelux, normal use,