By John Wilks and Claire Bailey

Judgment has been handed down this week by the Court of Justice of the European Union (CJEU) in the ONEL/OMEL case. Trade mark owners should take note that use of a European community trade mark in a single EU Member State will not preclude the owner from arguing “genuine use” of that mark in defending itself against a revocation action. 

The need for Genuine Use in the Community

This case relates to the perimeters of Article 15(1) of Council Regulation (EC) No. 207/2009 (the Regulation), under which a trade mark owner is at the risk of revocation of its trade mark where it fails, within five years of registration, to put the mark to “genuine use in the [European] Community in connection with the goods or services in respect of which it is registered”.