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Where should I use my CTM?
Elisa ZAERA24/04/2013
• C-149/11 LENO MERKEN (ONEL/OMEL)
• Reference for a preliminary ruling from a Dutch Regional Court of Appeal
• Questions on the obligation of a CTM proprietor to put its mark to genuine use within the EU
• Judgment delivered on 19/12/2012
FACTS
IS USE IN A SINGLE MEMBER STATE
ALWAYS SUFFICIENT?
IF NOT: IS USE IN ONE MEMBER NEVER
SUFFICIENT?
SHOULD GENUINE USE BE ASSESSED WITHOUT
REFERENCE TO BORDERS OF MEMBER
STATES?
OR
THE QUESTIONS: ART. 15
• Territorial scope is only one of the factors
• Political boundaries irrelevant• Use in accordance essential function
TM• Look at relevant facts & circumstances
THE ANSWER
THE ANALYSIS
Then
THE ANALYSIS
THE ANALYSIS
Thank You
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