ECJ rules on ‘genuine use’ of a CTM

The European Court of Justice
(ECJ) has issued its long-awaited
decision in Leno Merken BV AG
v Hagelkruis Beheer BV (Case
C-149/11), better known as the
ONEL case, which addressed the
requirement for ‘genuine use’ of
a CTM. The ECJ held that proof
of use of a CTM in one member
state can in principle, but will not
necessarily, be deemed sufficient
to prove genuine use in the
Community.