A recent decision of the General Court provides a useful review of the requirements for proving genuine use of a mark, and also shows that use of a mark in a single Member State of the EU may be sufficient to prove genuine use of an EUTM. This has been the subject of some controversy over the years, with many cases demonstrating that even quite substantial use in a single Member State will not necessarily be sufficient where an EUTM is concerned.
A recent decision of the UK IPO in opposition proceedings illustrates the need to be able to supply appropriate and adequate evidence of use if an Opponent relies on an earlier right which has been registered for more than 5 years. It also serves as a reminder that you will not be awarded costs even if you are the winning party, unless you actually ask for them!
A recent decision of the UK IPO demonstrates the importance of filing evidence of reputation, if available, as well as sufficient evidence of use when an opposition relies on a mark which has been registered for more than 5 years.