Dr. Florian Schwab discusses important case of the Court of Justice of the European Union regarding genuine use of an EU collective mark for packaging system in WTR Daily
Attorney Florian Schwab reports on a legal dispute before the Court of Justice of the European Union (CJEU) on genuine use of a collective mark in the online portal of the trade journal World Trademark Review.
In the case Der Grüne Punkt – Duales System Deutschland GmbH v European Court of First Instance (EUIPO) (C-143/19 P, 12 December 2019), the CJEU, overruling the judgment of the General Court, has given guidance on the genuine use of a collective mark. The court fundamentally strengthened this type of EU trade mark as proof of genuine use of a collective mark concerning a system of collection and recovery of packaging waste was also accepted for countless (every day consumer) goods (such as beverages, foodstuff or clothing) on whose packaging the collective mark was affixed. .
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The article was published on 09.01.2020 in WTR Daily (part of the World Trademark Review).