In the online magazine World Trademark Review Daily from 06/01/2015, BOEHMERT & BOEHMERT partner and trademark law expert Dr Florian Schwab reports on the recent decision of the European Court of Justice (T-298/12 Inter-Union Technohandel GmbH ./. OHIM) from 09 December 2014. In this case, the Court looks at the framework for the proof of right-preserving use. The focus here is on the evidential value of assurances under oath made by a person associated with the owner of the affected trade mark – per se and in connection with further use material. The Court also looks at the evidential value of products which have been the object of a market analysis in the magazine TEST by Stiftung Warentest. Those subscribing to WTR Daily can see the entire article here.
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