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AG opines on the meaning of ‘use with due cause’ in EU trade mark cases (Kenzo Tsujimoto v EUIPO)

Published on: 08 December 2017
Published by a LexisNexis IP expert

Table of contents

  • What are the practical implications of this opinion?
  • What was this opinion about?
  • What did the AG decide?
  • Case details

Article summary

IP analysis: Advocate General (AG) Sharpston has opined on the meaning of ‘use with due cause’ in Article 8(5) of Council Regulation (EC) 207/2009 (now replaced by Regulation (EU) 2017/1001) (the EU Trade Mark Regulation). In the AG’s opinion, use of a person’s forename in a mark does not automatically constitute use with due cause.

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