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Court of Justice rules on genuine use of position mark (Deichmann v EUIPO)

Court of Justice rules on genuine use of position mark (Deichmann v EUIPO)
Published on: 06 June 2019
Published by: LexisPSL
  • Court of Justice rules on genuine use of position mark (Deichmann v EUIPO)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
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Article summary

IP analysis: The Court of Justice has dismissed an appeal against a decision of the General Court that an EUTM depicting two intersecting lines on a sports shoe should not be revoked pursuant to Article 15(1)(a) of Regulation (EC) 207/2009 based on lack of genuine use. The case hinged on whether the classification of the mark was relevant to the General Court’s assessment of genuine use and, if so, whether it was relevant that the General Court treated it as a position mark, rather than a figurative mark. The Court of Justice concluded that the classification was irrelevant and that the General Court had not erred in law in finding that the differences between the mark at issue and the versions used on the sports shoes marketed by the proprietor were negligible in character, which enabled it to establish a ‘genuine use’ of the mark at issue. or take a trial to read the full analysis.

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