Genuine Use in the EUGenuine Use in the EU

The view from OHIMThe view from OHIM

Legislative HistoryLegislative History

Early Commission proposal proposed use Early Commission proposal proposed use “in a substantial part” of the Community“in a substantial part” of the Community

CTM adopted in 1993 CTM adopted in 1993 ((Article 15Article 15) refers to ) refers to “genuine use in the Community”“genuine use in the Community”

Statement in minutes adopted in parallelStatement in minutes adopted in parallel

OHIM PracticeOHIM Practice

Consistent position that once genuine use Consistent position that once genuine use has been proven within the EU there is no has been proven within the EU there is no need to consider territorialneed to consider territorial aspectaspect

No decision on this basis has been No decision on this basis has been succesfully challenged on appealsuccesfully challenged on appeal

Current positionCurrent position

OHIM will continue to apply its practiceOHIM will continue to apply its practice

Given the unitary chjaracter of the CTM Given the unitary chjaracter of the CTM boundaries of Member States should play boundaries of Member States should play no part in in assessing genuine useno part in in assessing genuine use

The FutureThe Future

The issue is being considered in the The issue is being considered in the Commission StudyCommission Study

OHIM has made a submission to the MPIOHIM has made a submission to the MPI

http://oami.europa.eu/ows/rw/resource/http://oami.europa.eu/ows/rw/resource/documents/OHIM/OHIMPublications/documents/OHIM/OHIMPublications/ohim_contribution.pdfohim_contribution.pdf