Promotional distribution not genuine use, ECJ rules
19 January 2009
Managing Intellectual Property
Giving out free promotional items does not amount to making genuine use of a trade mark in the class covering those items, according to a ruling from the European Court of Justice.
In a decision on January 15, the Court answered a question arising from a dispute between Silberquelle and Maselli-Strickmode that was referred from Austria.
Maselli, which makes and sells clothing, owns the mark Wellness in Austria, which is registered in class 16 (printed matter), class 25 (clothing) and class 32 (alcohol-free drinks).
The company handed out drinks in bottles marked Wellness-Drink to consumers of its clothing, but has not used its mark for drinks sold separately.
Silberquelle, which sells drinks, applied to cancel the Wellness...
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