Posts Tagged: "Genuine Use"

Genuine Use: How much use is ‘genuine use’ in the European Union?

When an undertaking operates in more than one country of the European Union it is a wise legal choice to apply for a trademark on a community level. A community trademark allows the applicant to file for a trademark within 28 countries of the European Union instead of the expensive and time consuming method of independent national filings for each country. The downside of the Community trademark application is with respect to satisfying the requirement of genuine use in connection with goods and services. Within 5 years of trademark registration the mark must be used in more than one country of the European community. In Sofa Workshop Limited v. Sofaworks Limited, the judgment elucidated upon the term “Genuine Use” in respect of trademarks and the territory covered by them.