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Journal of Intellectual Property Law & Practice Advance Access originally published online on April 23, 2009
Journal of Intellectual Property Law & Practice 2009 4(6):392-394; doi:10.1093/jiplp/jpp062
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© The Authors (2009). Published by Oxford University Press. All rights reserved.

Current Intelligence

Use of a trade mark on free merchandizing is not ‘genuine use’

David Stone and Willem Leppink
Simmons & Simmons
Email: willem.leppink{at}simmons-simmons.com

Silberquelle GmbH v Maselli-Strickmode GmbH, Case 495/07, European Court of Justice, 15 January 2009

In deciding that use of the word WELLNESS on beverages given away free with purchased clothing was not ‘genuine use’ to support registration of the trade mark in Class 32, the ECJ has asked more questions than it has answered.

Correspondence: Email: david.stone{at}simmons-simmons.com


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