ECJ considers revocation of trademark due to inactivity of owner

In Backaldrin Österreich The Kornspitz Company GmbH v Pfahnl Backmittel GmbH (Case C-406/12) the European Court of Justice (ECJ) has ruled, on a reference for a preliminary ruling from the Austrian Supreme Patent and Trademark Court, that a trademark is liable to revocation in respect of a product for which it is registered if, in consequence of acts or inactivity of the rights holder, it has become the common name for that product from the point of view solely of end users of the product.