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01 February 2010

Controversy grows over Benelux decision on trade mark use

James Nurton, London

An opposition decision by the Benelux Office for Intellectual Property (BOIP) is reverberating around Europe, after it called into question one of the principles of European trade mark law

In the decision, dated January 15, the Office said the conventional view that genuine use of a Community trade mark (CTM) in just one EU member state by definition results in genuine use in the Community "cannot be maintained".

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