Invoices as proof of use in trademark law

In issue 07/2024 of “GRUR-Prax – Gewerblicher Rechtsschutz und Urheberrecht, Praxis im Immaterialgüter- und Wettbewerbsrecht”, BOEHMERT & BOEHMERT lawyer Dr. Julian Wernicke discusses a judgment of the General Court of the European Union of 7 February 2024 (T-792/22), which deals with invoices as proof of rights-preserving use of the trade mark WOXTER.

After the expiry of a five-year grace period for use, the trademark proprietor must, at the request of a third party, prove that it is actually using the trademark in the course of trade. Invoices are an important part of this proof. In the decision, the Court points out the problems that can arise with invoices as proof of use. Dr. Julian Wernicke discusses these and places them in the context of previous European case law. In particular, he discusses the distinction between use as a company or trade name, the lack of a direct link between the mark and the goods or services, and the use of a different representation of the mark.

The full discussion of the decision can be found in German in GRUR-Prax 07/2024, Beck-Online subscribers can read the article here.