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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
MONDAY, 23 MAY 2011
Curia gives ONEL a number
The much-publicised reference for a preliminary ruling of the Court of Justice of the European Union in the ONEL/OMEL dispute has now been given a case number by the Court: it's now Case C-149/11 Leno Merken v Hagelkruis Beheer B.V. To refresh readers' memories, this case raises the following questions: 

1. Must Article 15(1) of Regulation 207/2009 on the Community trade mark be interpreted as meaning that use of a Community trade mark within the borders of a single Member State is sufficient to constitute genuine use of that trade mark, provided that, had it been a national trade mark, such use would have been regarded as genuine use in that Member State (cf. Joint Statement No 10 regarding Article 15 of Council Regulation 40/94 of and the Opposition Guidelines of the OHM)? 

2. If question 1 is answered in the negative, can the use of a Community trade mark within a single Member State as described above never be regarded as genuine use in the Community as referred to in Article 15(1) of Regulation 207/2009? If the use of a Community trade mark within a single Member State can never be regarded as genuine use in the Community, what requirements must be laid down - in addition to the other factors - in respect of the territorial scope of the use of a Community trade mark when assessing genuine use in the Community? 

3. Alternatively - contrary to what has been stated above - must Article 15 of the Regulation on the Community trade mark be interpreted as meaning that the assessment of genuine use in the Community should be done wholly in the abstract, without reference to the borders of the territory of the individual Member States (and that, for example, market share (product markets/geographic markets) should be taken as the point of reference)?
Posted by: Blog Administrator @ 17.20
Tags: ECJ reference, genuine use,
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