Case Law Update: Need for “genuine use” of Trademarks

An interesting ruling over Trade marks, which helps clarify what amounts to ‘genuine use’ of a registered trade mark.

Failure to make genuine use of a mark for five years can mean it could be revoked. The burden is on the trade mark owner to prove there has been genuine use.

The Court held that despite the mark in this case only being used in contexts before launching to market: 

• There was no ‘end consumer’ test that had to be met, and 
• It was not necessary for products bearing the mark to have been launched

The Case? Fruit of the Loom, Inc v EUIPO T-431/15

Trade mark owners should ensure they are making 'genuine use' of their trade marks, given the nature of their products and business - particularly if they are using them only in preliminary steps prior to launching the product or service - or risk their trade marks being revoked