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Onel opinion sparks debate on CTM genuine use

James Nurton, London

An opinion from the Advocate General of the Court of Justice of the EU has inflamed the debate about what constitutes genuine use of a Community trade mark

Eleanor_Sharpston_Advocate_GeneralIn the opinion in the Onel case, published on Thursday, Advocate General Eleanor Sharpston said that use of a CTM in a single EU member state "is not, of itself, necessarily sufficient to constitute genuine use of that trade mark".

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