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Journal of Intellectual Property Law & Practice Advance Access originally published online on February 1, 2006
Journal of Intellectual Property Law & Practice 2006 1(4):237-239; doi:10.1093/jiplp/jpl010
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Published by Oxford University Press. All rights reserved.

Current Intelligence

OHIM Board of Appeal applies genuine use criteria to small-scale usage

Ilanah Simon
University of London UK

This decision illustrates the consequences of the European Court of Justice (ECJ) ruling in Ansul v Ajax [2003] ETMR 85 that, in establishing whether there has been genuine use of the mark on the market, the conditions prevalent in the market for which the goods are registered must be taken into account.


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