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Proof of genuine use can be established by reference to identical mark (Alcohol Countermeasure Systems v EUIPO)

Published on: 30 November 2018
Published by: LexisPSL
  • Proof of genuine use can be established by reference to identical mark (Alcohol Countermeasure Systems v EUIPO)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

IP analysis: The Court of Justice has dismissed an appeal which primarily concerned the evidential requirements for establishing proof of genuine use of a trade mark. It held that the General Court had not erred when accepting that genuine use could be demonstrated by evidence establishing the use of another, identical mark to that upon which invalidity proceedings are based upon. The court also dismissed an argument that proceedings should have been stayed pending Brexit in circumstances where the application for a declaration of invalidity for an EU mark was based upon an earlier UK-registered trade mark. or take a trial to read the full analysis.

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