MARQUES has submitted an Amicus Curiae brief to the Gerechtshof Den Haag, the appellate court which is hearing the appeal in Leno Merken B.V. v Hegalkruis Beheer BV (the now notorious OMEL/ONEL dispute, on which you can read more here, here and here). The MARQUES brief, which is 11 sides long, concludes with the message that

"Art. 15 (1) CTMR should be interpreted in a way that it does not depend on the use of the trade mark in a specific number of EU member states but takes into account all facts and circumstances of the individual case and will therefore have to be assessed by the national court in each individual case. The opposite interpretation would affect the main principles of the CTM system".

You can read the brief in full here.