Talking Point: The Onel decision

In Leno Merken BV v Hagelkruis Beheer BV (Case
C-149/11, December 19 2012) – often referred to as the
ONEL decision – the European Court of Justice (ECJ)
found that while use of a Community trademark
(CTM) in one member state could suffice to establish
genuine use in the Community, “all facts and
circumstances” should be considered. It ruled out
a de minimis rule and suggested that the bar for
showing genuine use within the Community will be
set somewhat higher than that for showing the same
in a specific member state. In addition to the detailed
analysis on page 12, WTR asked a number of legal
experts for their reaction to the decision